State v. Field
Supreme Court of Missouri
Error to Saline Circuit Court. The legislature organizes corporations and authorizes them to make by-laws for their government. So courts are organized and authorized to make rules for their government.
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Error to Saline Circuit Court. The legislature organizes corporations and authorizes them to make by-laws for their government. So courts are organized and authorized to make rules for their government. What is the difference between these by-laws and rules of court, and the order of the Saline county court ? Corporations make the law of streets and alleys ; and why may not county courts make the law of roads ? The court below properly quashed the indictment, for the reason that the act of 1851 repealed the act of 1845, which made the offence charged indict’able. The order of the Saline…
1Opinion of the CourtGamble, Judge
Field was indicted in the Circuit Court of Saline county for neglect of duty as a road overseer, under the sixty-sixth section of the act concerning roads and highways, R. C. 969. He moved to quash the indictment because the act of March 3, 1851, in the twenty-seventh section, (Sess. Acts, 279,) provided a different and inconsistent mode for the recovery of penalties, and therefore repealed the sections of the act in the Revised Code which imposed the penalties and provided for their recovery by indictment. To this it was replied, that the thirty-third section of the act of March 3d, 1851,…
2Cited by20 opinions
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- City of St. Louis v. AlexanderSupreme Court of Missouri · 1856
- Doughterty v. AustinCalifornia Supreme Court · 1892
- Merchants Exchange v. KnottSupreme Court of Missouri · 1908
- State ex rel. Dome v. WilcoxSupreme Court of Missouri · 1870
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