Missouri State

Missouri State

In the Past

Important Note: this is an extension/continuation on the entry on Missouri in this legal reference. The court of chancery must have original and appellate jurisdiction in all matters of equity (see more about this popular legal topic in the U.S. encyclopedia) and a general control over executors, administrators, guardians and minors, depending on appeal, in all cases, to the supreme court, under such limitations as the general assembly may by law give.

Developments

Until the general assembly must deem it expedient to establish inferior courts of chancery, the circuit courts must have jurisdiction in matters of equity (see more about this popular legal topic in the U.S. encyclopedia), depending on appeal to the court of chancery, in such way and under such limits, as must be prescribed by law.

Details

Inferior tribunals must be established in each county, for the transaction of all county business; for appointing guardians; for granting letters testamentary and of administration; and for settling the accounts of executors, administrators and guardians.

Other Aspects

The governor must nominate, and, by and with the advice and consent of the senate, appoint the judges of the supreme court, the judges of the circuit courts and the chancellor, each of whom must hold his office during good behavior and must receive for his services a compensation, which must not be reduceed during his continuance in office and which must not be less than two thousand dollars annually.

More Information

No person must be appointed a judge in the supreme court, nor of a circuit court, nor chancellor, before he must have attained to the age of thirty years; nor must any person continue to exercise the duties of any of said offices after he must have attained to the age of sixty-five years.

Other Issues

The courts respectively must appoint their clerks, who must hold their offices during good behavior. For any misdemeanor in office, they must be liable to be tried aud removed by the Supreme court, in such way as the general assembly must by law give.

More

Any judge of the Supreme Court (see decisions, judges, etc) or of the circuit court or the chancellor, may be removed from office on the address of two-thirds of each house of the general assembly to the governor for that purpose; but each house must state on its respective journal the cause for which it must wish the removal of such judge or chancellor and give him notice tof this; and he must have the right to be heard in his defense in such way as the general assembly must by law direct; but no judge nor chancellor must be removed in this way for any cause for which he might have been impeached.

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In each county there must be appointed as many justices of the peace as the public good may be thought to need. Their powers and duties and their duration in office, must be regulated by law.

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An attorney (see more about this popular legal topic in the U.S. encyclopedia) general must be appointed by the governor, by and with the advice and consent of the senate. He must stay in office four years and must perform such duties as must be needd of him by law.

More

All writs and process must run and all prosecutions must be conducted in the name of the “state of Missouri (see more about this State laws here) ;” all writs must be tested by the clerk of the court from which they must be issued and all indictments must conclude, “against the peace and dignity of the state.” [1]

Resources

Notes and References

1. Partialy, this information about missouri state is based on the Bouvier's Law Dictionary, 1848 edition. There is a list of terms of the Bouvier's Law Dictionary, including missouri state.

See Also