Legal Opinion

State ex rel. Wear v. Francis

Supreme Court of Missouri

Decided April 15, 1888PublishedCited by 37 opinions

Appeal from St. Louis City Circuit Cotort. — Hon. L. B. Valliant, Judge. (1) The law of 1857 is constitutional. It is the-exercise of the right of local option, a familiar • feature • in American law, and one the validity of which is not open to question. Looted s Appeal, 72 Pa. St. 491 Croesch v. State, 42 Ind. 547; Cooley Const.

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Appeal from St. Louis City Circuit Cotort. — Hon. L. B. Valliant, Judge. (1) The law of 1857 is constitutional. It is the-exercise of the right of local option, a familiar • feature • in American law, and one the validity of which is not open to question. Looted s Appeal, 72 Pa. St. 491 Croesch v. State, 42 Ind. 547; Cooley Const. Lim. [5 Ed.], 147-8. Moreover the law of 1857 has been before this-court in two cases (State v. Winleelmeier, 35 Mo. 103, and State v. Binder, 38 Mo. 451), and has in each case been treated and considered by the court as a constitutional enactment. (2) Ordinance…

1Opinion of the CourtSherwood, J.

This cause comes here on the appeal of those who were respondents in the circuit court, that court having awarded against them a peremptory writ. *48The only ground upon which this court can take jurisdiction of this cause is the fact that a constitutional question is involved therein, but this being- the case-carries with it, under recent constitutional amendments, the necessity of, and the jurisdiction for, determining-the whole case.

I. Before going into the merits of the case, however, a preliminary question must first be determined ; it is this, whether the relators, being merely private…

2Cases cited14 opinions

  1. State v. ClarkeSupreme Court of Missouri · 1873
  2. Commonwealth v. BennettMassachusetts Supreme Judicial Court · 1871
  3. State ex rel. Granville v. GregorySupreme Court of Missouri · 1884
  4. State v. WinkelmeierSupreme Court of Missouri · 1864
  5. State ex rel. Woodson v. BrassfieldSupreme Court of Missouri · 1878

9 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Garrou v. Teaneck Tryon Co.Supreme Court of New Jersey · 1953
  2. Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
  3. State ex inf. Major v. Kansas CitySupreme Court of Missouri · 1911
  4. State ex rel. Twenty-Second Judicial Circuit v. JonesSupreme Court of Missouri · 1992
  5. In re DennyIndiana Supreme Court · 1901

32 more not listed; retrieve them via the Exa API.

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