State v. Patterson

CourtCourt of Appeal of Missouri (US)
Citation152 Mo. App. 264,132 S.W. 1183
PartiesSTATE ex rel. HARRISON v. PATTERSON et al.
Decision Date05 December 1910

Appeal from Circuit Court, Jackson County; W. A. Powell, Judge.

Mandamus by the state on relation of Allan O. Harrison against Joseph M. Patterson and others. From an order directing the issuance of the writ, defendants appeal. Reversed.

J. G. L. Harvey, County Counselor, for appellants. W. R. Thurmond and Chaney & Harrison, for respondent.

JOHNSON, J.

We are asked by respondent to affirm the judgment on account of an imperfection in the abstract of the record. If the point were well taken, it would call for the dismissal of the appeal, and not for the affirmance of the judgment; but under recent decisions of the Supreme Court, we must rule the objection is not well founded, and accordingly it is overruled. Coleman v. Roberts, 214 Mo. 634, 114 S. W. 39; Booth v. Railroad, 217 Mo., loc. cit. 714, 117 S. W. 1094; Hanks v. Hanks, 218 Mo., loc. cit. 676, 117 S. W. 1101.

This is a mandamus suit prosecuted by the relator, an attorney of Kansas City, to compel the judges of the county court to pay him for services rendered as special prosecuting attorney of Jackson county. Relator prevailed in the circuit court, and the case is before us on appeal of respondents from a judgment awarding a peremptory writ. The suit is the outgrowth of an energetic and persistent effort to enforce in Jackson county the criminal statutes popularly known as the "Sunday Closing Law." A grand jury summoned in September, 1907, continued in session nearly a year and returned approximately 3,000 indictments for alleged violations of this law. In September, 1908, the Honorable William H. Wallace, judge of Division No. 1 of the criminal court, caused a grand jury to be summoned for the September term, and, in the order, directed the marshal of Jackson county to "select and summon 12 good and lawful citizens from the body of the county of Jackson, state of Missouri, having the requisite qualifications for grand jurors, to serve as a grand jury," etc. The marshal selected and summoned a jury in obedience to this order. On the appearance of the panel in court, the judge examined each juror and found that five were opposed to the enforcement of the Sunday law. He pronounced them disqualified and discharged them from the panel. The judge then selected five men from bystanders in court and placed them in the panel. After doing this he administered the oath, and the jury thus constituted entered into the performance of the duties of a legally constituted grand jury. No objection was interposed to any of these proceedings until after the jury were sworn. After the jury convened the prosecuting attorney, for reasons not now important, appeared before them, announced his refusal to recognize them as a legally constituted body, and stated "that he would not place any informations before this grand jury, or permit any of his deputies to do so, and that he would not recognize or sign any indictment that they might return." The jury reported this action of the prosecuting attorney to the court and thereupon the court made an order declaring that the prosecutor was "absent," within the meaning of the statute, and appointing relator "to act as special prosecutor, and to wait upon said grand jury, and assist it, and to sign indictments returned by it and to prosecute the same. He is also appointed for the purpose of filing informations, if he deems it necessary, and to appear against all violators of our Sunday laws, and to attend to such other duties with reference to the prosecution of Sunday violators as the court may direct." The prosecuting attorney continued in the discharge of all duties of his office, except those the relator was appointed to perform. Relator served 112 days as special prosecutor and demands compensation for that period at the rate of $5,000 per year, the salary allowed by law to the prosecuting attorney.

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12 cases
  • Washington University v. Gorman
    • United States
    • Missouri Supreme Court
    • June 12, 1941
    ... ... which purports to grant this exemption is a matter within the ... exclusive province of the State court. Erie Railroad Co ... v. Tompkins, 304 U.S. 64; Washington University v ... Rowse, 42 Mo. 308; Chicago Theological Seminary v ... Emerson v. Mound City, 335 Mo. 702, 73 S.W.2d 1017; ... Harrison v. Jackson County, 187 S.W. 1183; State ex ... rel. Harrison v. Patterson, 152 Mo.App. 264, 132 S.W. 1183 ...           ... [153 S.W.2d 36] ...          Douglas, ...           [348 ... Mo ... ...
  • State ex rel. O'Connor v. Riedel
    • United States
    • Missouri Supreme Court
    • February 6, 1932
    ... ... Reagan, Amici Curiae ...          (1) The ... term fees as used in Section 12, Article 9, of the ... Constitution, does not mean salary. Osborn v. Henry, ... 76 So. 119, 200 Ala. 353; Blick v. Trust & Deposit ... Co., 77 A. 844, 113 Md. 487; State ex rel. v ... Patterson, 152 Mo.App. 264; Cowden v. Huff, 10 ... Ind. 83; Cochise County v. Wilcox (Ariz.), 127 P ... 758; City of Indianapolis v. Warson, 74 Ind. 113; ... St. Louis v. Meintz, 107 Mo. 611; Seiler v ... State, 65 N.E. 922, 160 Ind. 605; State v ... Russell, 71 N.W. 785, 51 Neb. 774; ... ...
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