State ex rel. Jones v. Howe Scale Co. of Illinois
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillan, Judge. (1) Where a statute is unconstitutional, an execution on a fine assessed under it -will be quashed, although the judgment had previously been affirmed on appeal. State v. Finley, 187 Mo. App.' 72; Same Case, 259 Mo. 414; Same Case, 162 Mo. App. 134; Same Case,' 234 Mo. 603; Exp.
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Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillan, Judge. (1) Where a statute is unconstitutional, an execution on a fine assessed under it -will be quashed, although the judgment had previously been affirmed on appeal. State v. Finley, 187 Mo. App.' 72; Same Case, 259 Mo. 414; Same Case, 162 Mo. App. 134; Same Case,' 234 Mo. 603; Exp. Smith, 135 Mo. 229. Jurisdiction comes from Constitution and laws and not from mistaken interpretation, and a judgment entered under an unconstitutional statute is void. Finley v. United Railways Co., 238 Mo. 19. (2) The judgment is void because…
1Opinion of the CourtWilliams, P. J.
This is an appeal from an order of the Circuit Court of the City of St. Louis, overruling defendant’s motion to quash an execution issued out of said court to collect a judgment which had theretofore been rendered against defendant in the sum of $1000.
The original suit which resulted in the above mentioned judgment. was instituted by the State of Missouri at the relation of the Circuit Attorney of the City of St. Louis and sought to recover from the defendant a penalty in the sum of $1000 under Section 3040, Revised Statutes 1909, for a violation by said foreign corporation of the provision…
2Cases cited5 opinions
- Lohmeyer v. St. Louis Cordage Co.Supreme Court of Missouri · 1908
- Dubowsky v. BinggeliSupreme Court of Missouri · 1914
- Ross v. Grand Pants Co.Supreme Court of Missouri · 1912
- State ex rel. Jones v. Howe Scale Co.Missouri Court of Appeals · 1914
- State ex rel. Jones v. Howe Scale Co.Supreme Court of Missouri · 1913
3Cited by3 opinions
- State Ex Rel. Tadlock v. MooneyhamSupreme Court of Missouri · 1922
- Burns v. Prudential Insurance Co.Supreme Court of Missouri · 1922
- State Ex Rel. Jones v. Howe Scale Co.Missouri Court of Appeals · 1920