State ex rel. Wallach v. Oehler

• Court: Missouri Supreme Court
• Writing for the Court: Tipton, P. J.
• Citation: State ex rel. Wallach v. Oehler, 154 S.W.2d 781, 348 Mo. 655 (Mo. 1941)
• Decision Date: 25 October 1941
• Docket Number: 36837
• Parties: State of Missouri at the relation of Stanley Wallach, Prosecuting Attorney, v. John G. Oehler et al., Defendants, Jessie B. P. Oehler, Appellant

154 S.W.2d 781

348 Mo. 655

State of Missouri at the relation of Stanley Wallach, Prosecuting Attorney, v. John G. Oehler et al., Defendants, Jessie B. P. Oehler, Appellant

No. 36837

Supreme Court of Missouri

October 25, 1941

Appeal from Circuit Court of St. Louis County; Hon. John A Witthaus, Judge.

Transferred to St. Louis Court of Appeals.

Taylor R. Young and Richard A. Austin for appellant.

The court, after acquiring jurisdiction, must proceed according to its established modes governing the class to which the case belongs, and cannot transcend in the extent or character of its judgment, the law which is applicable to it. Sec. 30 Article II, Mo. Constitution; Windsor v. McVeigh, 93 U.S. 274.

OPINION

Tipton, P. J.

The appellant in her brief states that:

"The jurisdiction of this Court is invoked on the ground that the decree of Div. 2 of the Circuit Court of St. Louis County, Missouri, permanently enjoining appellant from operating, managing or working in or about the Mill Stream Inn, constitutes a violation of the due process of law provision, Section 30, Article II, of the Constitution of Missouri; providing that no person shall be deprived of life, liberty or property without due process of law."

This question was not raised in the court below, but was raised for the first time in this court. The contention in appellant's brief is as follows:

"The Court, after acquiring jurisdiction, must proceed according to its established modes governing the class to which the case belongs, and cannot transcend in the extent or character of its judgment, the law which is applicable to it. Section 30, Article II, Constitution of Missouri."

The rule is uniform that a constitutional question must be raised at the first opportunity and kept alive in the course of orderly procedure. Otherwise it...