Chicago, B. & Q. Ry. Co. v. Gildersleeve

Decision Date13 April 1909
Citation118 S.W. 97,219 Mo. 202
PartiesCHICAGO, B. & Q. RY. CO. v. GILDERSLEEVE.
CourtMissouri Supreme Court

Edward J. Gildersleeve was sentenced by the circuit court of St. Louis for contempt in violating a decree of injunction rendered in an action against him by the Chicago, Burlington & Quincy Railway Company, and appealed to the St. Louis Court of Appeals. Cause transferred to Supreme Court. Judgment of circuit court affirmed.

See, also, 118 S. W. 86.

C. H. Krum, for appellant. Robert & Robert, for respondent.

GANTT, J.

The appellant, Gildersleeve, was sentenced by the circuit court of St. Louis to jail for 30 days for a contempt of court in violating a decree of injunction in said court. From that judgment he appealed to the St. Louis Court of Appeals, and that court transferred the cause to this court on a constitutional point, to wit, that section 1617, Rev. St. 1899 (Ann. St. 1906, p. 1199), was unconstitutional. For the reasons assigned in Chicago, Burlington & Quincy Ry. Co. v. Gildersleeve (in an opinion handed down this day) 118 S. W. 86, the judgment of the circuit court is affirmed.

VALLIANT, C. J., and BURGESS and FOX, JJ., concur. LAMM, WOODSON, and GRAVES, JJ., dissent in an opinion by LAMM, J.

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