Reports of Cases Determined By the Supreme Court of the State of ..., volume 290
Reports of Cases Determined By the Supreme Court of the State of ..., volume 290
Missouri. Supreme Court
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Northwestern Bank. such proceedings being matters of local municipal con- cern. Valliant, C. J., and Ferbiss, J., concurred for the reason that the city for more than twenty years had acted on the assumption that it had authority to create such a court and confer on it such jurisdiction, and that doubtless in that period property rights had been ac- quired to a great extent and it would be unwise to de- clare that rights which have arisen out of the exercise of such jurisdiction by such courts ...cannot be upheld. Judge Graves delivered a dissenting opinion, in which Judge Woodson concurred. Under the Constitution, the General Assembly could have created the court. It was evidently considered an academic question by some of the judges. A statute fairly susceptible of a construction in harmony with the Constitution must be given that con- struction by the coii^ts. Unless clearly repugnant to the organic law, it must be upheld. [State ex rel. v. Burton, 266 Mo. 711, 718; State ex rel. v. County Court, 128 Mo.
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