State v. Fulton
| Decision Date | 04 April 1916 |
| Docket Number | No. 12531.,12531. |
| Citation | 184 S.W. 938 |
| Parties | STATE v. FULTON. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, Wayne County; Jos. J. Williams, Judge.
"Not to be officially published."
P. H. Fulton was convicted for violation of the local option law, and appealed to the St. Louis Court of Appeals. The case was transferred under Act June 12, 1909, to the Springfield Court of Appeals, and there the judgment was affirmed. 152 Mo. App. 345, 133 S. W. 95. The above act having been declared unconstitutional, and the proceedings under it in the Springfield Court of Appeals null, the case was transferred back to the St. Louis Court of Appeals, and is submitted. Affirmed.
James Orchard, of Eminence, and J. H. Ranney, of Greenville, for appellant. J. F. Meador, of Greenville, for respondent.
This is a prosecution for alleged violation of the local option law, which law, it is alleged, was adopted and in force in Wayne county prior to and at the time of the commission of the alleged offense. From a conviction in the circuit court of Wayne county, defendant appealed to this court.
Proceeding under the Act of June 12th, 1909 (Acts 1909, p. 396), which provided for the transfer of causes from one Court of Appeals to another, the cause was transferred from our court to the Springfield Court of Appeals. There it was argued and submitted, and on January 3rd, 1911, the judgment of the circuit court was affirmed. The Supreme Court having declared the above cited act unconstitutional, and proceedings under it in the Springfield Court of Appeals null (State ex rel. Dunham v. Nixon, 232 Mo. 98, 133 S. W. 336), the cause was transferred back to our court by the Springfield Court of Appeals. Here it has been duly submitted. The opinion of the Springfield Court of Appeals, pronounced by Judge Cox, will be found under the title State v. Fulton, 152 Mo. App. 345, 133 S. W. 95.
On consideration of the points involved in the appeal, and of the opinion of Judge Cox as above reported, we find no reason to dissent from the conclusion arrived at by that learned judge, and we adopt it as the opinion of our court in the case. For the reasons and on the grounds there stated, the judgment of the circuit court of Wayne county is affirmed.
To continue reading
Request your trial
-
Ussery v. Haynes
...122 S.W. 709.]" The opinion of the Springfield Court of Appeals in State v. Fulton, supra, was adopted by the St. Louis Court of Appeals, 184 S.W. 938. Desloge v. Tucker, supra, 196 Mo. l. c. 601, 94 S.W. 286, it is said that "though probate courts are courts of limited jurisdiction, yet, m......
-
State ex Inf. Goodman v. Smith
...judgments in matters within its exclusive jurisdiction, as are indulged in favor of judgments of courts of general jurisdiction. State v. Fulton, 184 S.W. 938. "Where a court's right to assume jurisdiction depends on ascertainment of facts in pais, it is presumed in a collateral proceeding,......
-
State ex inf. Goodman ex rel. Crewdson v. Smith
... ... the same presumptions will be indulged in favor of the ... regularity of proceedings in the county court, and the ... validity of its judgments in matters within its exclusive ... jurisdiction, as are indulged in favor of judgments of courts ... of general jurisdiction. State v. Fulton, 184 S.W ... 938. "Where a court's right to assume jurisdiction ... depends on ascertainment of facts in pais, it is ... presumed in a collateral proceeding, that the court, having ... retained jurisdiction, found such facts in favor of ... jurisdiction, and if the court directly found such ... ...
-
The State ex rel. Stetina v. Reynolds
... ... 229; Coal Co ... v. Estate of Charles Slevin, 56 Mo App. 107; ... Hoffmann v. Hoffman's Exr., 126 Mo. 486; ... Maguinn v. Green, 67 Mo.App. 616; Grimes v ... Reynolds, 94 Mo.App. 576; Johnson v. Smith's ... Admr., 27 Md. 592; Stanton v. Johnson's ... Estate, 177 Mo.App. 55; State v. Fulton, 184 ... S.W. 938; White v. Blankenbeckler, 115 Mo. 722; ... Grimes v. Reynolds, 184 Mo. 689; Deer v ... Deer's Estate, 180 S.W. 573; Hess v ... Sandner, 198 S.W. 1125, 189 Mo.App. 636; O'Neal ... v. Patterson, 206 S.W. 596; Green v. Strother, ... 212 S.W. 400; Jeffries v. Ferguson, 87 Mo ... ...