Browning v. Powers
Supreme Court of Missouri
Appeal from Be Kalb Circuit Court. — Hon. William S. Herndon, Judge. (1) The act of the G-eneral Assembly to re-district the State into judicial circuits, having never become a law in a constitutional manner, the court could not exercise its jurisdiction at the times prescribed by said substitute bill, and its judgment in this case at the pretended June term, 1893, of said court, was null and void for that reason. Const. Mo., art. IY, secs. 30, 31 and 32; 13 Am. and Eng.
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Appeal from Be Kalb Circuit Court. — Hon. William S. Herndon, Judge. (1) The act of the G-eneral Assembly to re-district the State into judicial circuits, having never become a law in a constitutional manner, the court could not exercise its jurisdiction at the times prescribed by said substitute bill, and its judgment in this case at the pretended June term, 1893, of said court, was null and void for that reason. Const. Mo., art. IY, secs. 30, 31 and 32; 13 Am. and Eng. Ency. Law, 296; Stovall v. JEmmerson, 20 Mo. App. 322. A constitutional question, if there was one in the case, had to be…
1Opinion of the CourtMacfarlane, J.
This action for slander was tried in the circuit court of De Kalb county, at the June term, 1893, in accordance with an act of the General Assembly of the State fixing the first Monday in June as the time for holding one of the terms of said court in said county.
After a trial and verdict in favor of plaintiff for $650, defendant filed a motion in arrest of the judgment, charging as grounds therefor that said act was not passed in accordance with the forms required by the Constitution of the State, and was therefore unconstitutional. In support of the motion defendant offered in evidence the…
2Cases cited5 opinions
- Gilstrap v. FeltsSupreme Court of Missouri · 1872
- Dlauhi v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1891
- White v. CaldwellMissouri Court of Appeals · 1885
- Cox v. MossSupreme Court of Missouri · 1873
- State ex rel. St. Louis County v. BonnerMissouri Court of Appeals · 1877
3Cited by5 opinions
- State ex rel. Kansas City Loan Guarantee Co. v. SmithSupreme Court of Missouri · 1903
- Yager v. BruceMissouri Court of Appeals · 1906
- Hardin v. City of CarthageMissouri Court of Appeals · 1903
- Town of Kirkwood v. JohnsonSupreme Court of Missouri · 1899
- Brothers v. CunninghamCourt of Appeals for the Eighth Circuit · 1911