State ex rel. C. S. Essex v. Kansas City, Fort Scott & Memphis Railroad
Missouri Court of Appeals
Appeal from the Bade Circuit Court. — Hon. D. P. Stratton, Judge. (1) If this is a criminal prosecution all the proceedings subsequent to the verdict of not guilty, rendered by the justice of the peace, are void. There could be no appeal from that judgment. The defendant having been acquitted could not be again put on trial. If it is not a criminal proceeding the jurisdiction of the appeal seems to be in the supreme court.
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Appeal from the Bade Circuit Court. — Hon. D. P. Stratton, Judge. (1) If this is a criminal prosecution all the proceedings subsequent to the verdict of not guilty, rendered by the justice of the peace, are void. There could be no appeal from that judgment. The defendant having been acquitted could not be again put on trial. If it is not a criminal proceeding the jurisdiction of the appeal seems to be in the supreme court. State ex rel. v. Bent, 121 Mo. 162; Rowell Co. v. Wheeler, 108 Mo. 294; Harman v. St. Louis, 55 Mo. App. 175; St. Louis v. Robinson, 55 Mo. App. 256. (2) It is at least “of…
1Opinion of the CourtGill, J.
This action was instituted before a justice of the peace in Barton county to collect a penalty of $20 provided for in section 2608, Revised Statutes, 1889, it being charged in the complaint that one of the defendant’s trains ran across a public traveled road without giving the statutory signals. The cause was first tried before the justice without a jury, resulting in *640a judgment for defendant; plaintiff appealed to the Barton circuit court, and from there a change of venue was taken to the circuit court of Dade county, where on a trial by jury there was a verdict and judgment for plaintiff,…
2Cases cited13 opinions
- Murray v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Roberge v. BurnhamMassachusetts Supreme Judicial Court · 1878
- Edwards v. George Knapp & Co.Supreme Court of Missouri · 1888
- State v. GeeSupreme Court of Missouri · 1885
- Webster v. PeopleIllinois Supreme Court · 1853
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- United States v. ReganSupreme Court of the United States · 1914
- Argeropoulos v. Kansas City Railways Co.Court of Appeals of Kansas · 1919
- Butler v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
- Johnson v. Springfield Traction Co.Missouri Court of Appeals · 1913
- Atchison, T. & S. F. Ry. Co. v. United StatesCourt of Appeals for the Seventh Circuit · 1909
6 more not listed; retrieve them via the Exa API.