Legal Opinion

State v. Lawrence

Supreme Court of Missouri

Decided March 15, 1870PublishedCited by 2 opinions

Appeal from St. Louis Court of Criminal Correction. Tbe record on its face shows that the St. Louis Court of Criminal Correction had no jurisdiction over the subject-matter charged in the complaint. (Gen. Stat. 1865, p. 897, § 10, p. 808, §§ 18, 23, p. 696, § 30.) Courts of limited or inferior jurisdiction have such jurisdiction only as is expressly conferred by statute, and their powers can not be enlarged by implication.

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Appeal from St. Louis Court of Criminal Correction. Tbe record on its face shows that the St. Louis Court of Criminal Correction had no jurisdiction over the subject-matter charged in the complaint. (Gen. Stat. 1865, p. 897, § 10, p. 808, §§ 18, 23, p. 696, § 30.) Courts of limited or inferior jurisdiction have such jurisdiction only as is expressly conferred by statute, and their powers can not be enlarged by implication. That the court had no jurisdiction is manifest from the amendment of the act creating it. (Sess. Acts 1869, p. 196, § 13.) The disqualifications prescribed by section 18…

1Opinion of the CourtCurrier, Judge

This proceeding was commenced in the St. Louis Court of Criminal Correction, upon an information against the defendant, charging him with the commission of a misdemeanor in. office. It is objected that-it appears upon the face.of the information that its subject-matter is not within the jurisdiction of that court. The question thus raised is open for examination here, although the point was not taken in the court below, since questions going to the jurisdiction of the court over the cause of action, or subject-matter of the complaint, are in order at any stage .of the *494proceedings. (Wagn.…

2Cases cited3 opinions

  1. Baker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1865
  2. Valarino v. . ThompsonNew York Court of Appeals · 1853
  3. Tucker v. Juhel & De LonguamareNew York Supreme Court · 1806

3Cited by2 opinions

  1. State Ex Rel. Kelly v. TrimbleSupreme Court of Missouri · 1923
  2. In re GardnerMissouri Court of Appeals · 1890

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