This historic book may have numerous typos and missing text.
Purchasers can usually download a free scanned copy of the original
book (without typos) from the publisher. Not indexed. Not
illustrated. 1907 edition. Excerpt: ...the second count, it is
charged that the defendant did on said 12th day of July, 1903, said
day being the first day of the week and commonly called Sunday, ...
willfully and unlawfully expose to sale certain goods, wares and
merchandise, to-wit: ice cream, etc. In the third count, it is
charged that the defendant did, on said 12th day of July, 1903,
said day being the first day of the week, commonly called Sunday,
... willfully and unlawfully expose to sale certain goods, wares
and merchandise, to-wit: cigars and tobacco, etc. All of which was
alleged to have occurred in Greene county. Defendant interposed a
demurrer to the information for numerous reasons specified therein,
which are unimportant at this time, inasmuch as they will not be
further noticed. _ The trial court sustained the demurrer to the
first and second counts and overruled the same as to the third
count. The State, after proper preliminary steps, perfected its
appeal. NORTONI, J. (after stating the facts).--There are no
assignments of error before the court nor briefs filed on behalf of
either party to the record. Notwithstanding this fact, however,
under the provisions of section 2716, R. S. 1899, it becomes the
duty of the court to proceed without delay and render judgment upon
the record. The statutory mandate proceeds, of course, upon-the
theory that the court has jurisdiction of the cause, for without
such, there is no power to determine or to render judgment upon the
record, and therefore the ques tion of the jurisdiction of the
court, lying at the very threshold of the case, it is important,
first, to inquire in that behalf and ascertain whether we have
power to adjudicate the questions raised by the demurrer....
|Country of origin:
Missouri Courts of Appeals
||246 x 189 x 13mm (L x W x T)
||Paperback - Trade
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