State ex rel. Jones v. Howe Scale Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Ron. James E. Withrow, Judge. Transferred to St. Louis Court of Appeals. (1) The court erred in overruling the demurrer because section 1026 is in conflict with article 11, section 8, of the Constitution, and void. All fines go to the school fund, notwithstanding the direction in a statute to divert them to other sources.
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Appeal from St. Louis City Circuit Court. — Ron. James E. Withrow, Judge. Transferred to St. Louis Court of Appeals. (1) The court erred in overruling the demurrer because section 1026 is in conflict with article 11, section 8, of the Constitution, and void. All fines go to the school fund, notwithstanding the direction in a statute to divert them to other sources. State ex rel. v. Warner, 197 Mo. 664. Any action by the court (as here) which permits one not authorized by the Constitution to sue and recover a fine or penalty, violates this section and gives to the law purporting to authorize…
1Opinion of the Court
BLAIR, C.
This is a proceeding by the State of Missouri, at the relation of Seebert G. Jones, circuit attorney for the city of St. Louis, instituted in the circuit court of the city of St. Louis, against the Howe Scale Company of Illinois, a foreign corporation, for violating the statute (sections 3039 and 3040, R. S. 1909) prohibiting foreign corporations from doing business in this State without first securing a certificate or license authorizing them so to do. The judgment below was for plaintiff and the minimum punishment ($1000) was assessed against appellant.
The principal questions…
2Cases cited1 opinion
- State v. NewellSupreme Court of Missouri · 1897
3Cited by3 opinions
- State ex rel. Jones v. Howe Scale Co.Missouri Court of Appeals · 1914
- State ex rel. Jones v. Howe Scale Co. of IllinoisSupreme Court of Missouri · 1919
- State Ex Rel. Jones v. Howe Scale Co.Missouri Court of Appeals · 1920