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16 Missouri opinions name it 2 courts 1959–2024 1 in the last five years
The cases below were cited by Missouri courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
State ex rel. Union Electric Co. v. Public Service Commissiongreen2 sentences2014Comm'n of State, 399 S.W.3d 467, 480-81 (Mo. App. W.D. 2013) ("However, this rule of statutory construction is tempered by the overriding rule that construction of a statute should avoid unreasonable or absurd results.") (internal quotation marks and citations omitted). 2014Comm’n of State, 399 S.W.3d 467, 480-81 (Mo.App.W.D.2013) (“However, this rule of statutory construction is tempered by the overriding rule that construction of a statute should avoid unreasonable or absurd results.”) (internal quotation marks and citations omitted). | 2 | 2 |
Angus v. Second Injury Fundgreen2 sentences2014The Second Injury Fund—a purely statutory creature, pursuant to Section 287.220—was established "to assist in the continuing fight against the unemployment of those who are sufferers of some disability at the time of their employment." Angus v. Second Injury Fund, 328 S.W.3d 294, 303 (Mo. App. W.D. 2010) (quoting James B. 2014The Second Injury Fund—a purely statutory creature, pursuant to Section 287.220—was established “to assist in the continuing fight against the unemployment of those who are sufferers of some disability at the time of their employment.” Angus v. Second Injury Fund. 328 S.W.3d 294, 303 (Mo.App. | 2 | 2 |
Dillon v. Norfleetgreen2 sentences2007In his first point of trial court error Appellant maintains the trial court erred in granting the Harrisons a prescriptive easement over the Old Roadway “because the judgment of the trial court is not supported by substantial evidence in that [the Harrisons] failed to offer evidence of the exact location of the ‘Old Roadway.’ ” In his argument supporting this point relied on Appellant asserts that while their proposed findings of fact and conclusions of law submitted to the trial court contained a legal description of the Old Roadway, the Harrisons “failed to plead or introduce into evidence t 1996An overriding requirement for establishing a prescriptive easement is “[e]vidence which will enable the easement to be located....” Dillon v. Norfleet, 813 S.W.2d 31, 32 [1] (Mo.App.1991). | 2 | 2 |
In re Frankgreen2 sentences2002The overriding principle is to “protect society and maintain the integrity of the legal profession.” In re Frank, 885 S.W.2d 328, 333 (Mo. banc 1994). 1997But, the overriding principle of disciplinary action is to “protect society and maintain the integrity of the legal profession.” In re Frank, 885 S.W.2d 328, 333 (Mo. banc 1994). | 2 | 2 |
Sherrill v. Wilsongreen1 sentence2024With this overriding principle in mind, the Supreme Court has admonished that “[s]tatutes and rules should be construed liberally in favor of allowing appeals to proceed.” Sherrill v. Wilson, 653 S.W.2d 661, 663 (Mo. 1983). | 1 | 1 |
Aquila Foreign Qualifications Corp. v. Director of Revenuegreen1 sentence2013However, this rule of statutory interpreta tion is tempered by the overriding rule that “construction of a statute should avoid unreasonable or absurd results.” Aquila Foreign Qualifications Corp. v. Dir. of Revenue, 362 S.W.3d 1, 4 (Mo. banc 2012). | 1 | 1 |
Blaske v. Smith & Entzeroth, Inc.green1 sentence2013“It is a well accepted canon of statutory construction that if one interpretation of a statute results in the statute being constitutional while another interpretation would cause it to be unconstitutional, the constitutional interpretation is presumed to have been intended.” Blaske v. Smith & Entzeroth, Inc., 821 S.W.2d 822, 838-39 (Mo. banc 1991). | 1 | 1 |
Simpson v. Kilchergreen1 sentence2013Thus, the overriding rule of statutory construction we are to apply in this case is the rule which requires us “to construe legislative enactments so as to render them constitutional and avoid the effect of unconstitutionality, if it is reason ably possible to do so.” Simpson v. Kilcher, 749 S.W.2d 386, 390 (Mo. banc 1988), overruled on other grounds by Kilmer v. Mun, 17 S.W.3d 545 (Mo. banc 2000). | 1 | 1 |
Wells v. Carpentergreen1 sentence2007In his first point of trial court error Appellant maintains the trial court erred in granting the Harrisons a prescriptive easement over the Old Roadway “because the judgment of the trial court is not supported by substantial evidence in that [the Harrisons] failed to offer evidence of the exact location of the ‘Old Roadway.’ ” In his argument supporting this point relied on Appellant asserts that while their proposed findings of fact and conclusions of law submitted to the trial court contained a legal description of the Old Roadway, the Harrisons “failed to plead or introduce into evidence t | 1 | 1 |
Teson v. Vasquezgreen1 sentence1996See also Teson v. Vasquez, 561 S.W.2d 119, 127 (Mo.App.1977). 2 At trial, Appellants’ counsel endeavored to locate the easement through the testimony of Mr. Wells, who pointed at and marked on photographs in an attempt to indicate the location of the alleged path. | 1 | 1 |
State v. Petersongreen1 sentence1994IV; Mo. Const. Art. 1, § 15. “[A]ll warrant less searches, subject only to a few well delineated exceptions, are per se constitutionally offensive.” State v. Peterson, 525 S.W.2d 599, 603 (Mo.App.1975) citing Coolidge v. New Hampshire, 403 U.S. 443, 454-455 , 91 S.Ct. 2022, 2031-32 , 29 L.Ed.2d 564 (1971) and Katz v. United States, 389 U.S. 347, 357 , 88 S.Ct. 507, 514 , 19 L.Ed.2d 576 (1967). | 1 | 1 |
Fablok Mills, Inc. v. COCKER MACHINE AND FOUNDRY COMPANYgreen2 sentences1978See also Fablock Mills, Inc. v. Cocker Machine & Foundry Co., 125 N.J.Super. 251 , 310 A.2d 491 (1973), cert. denied, 64 N.J. 317 , 315 A.2d 405 (1973), for a like holding on the burden of proof, and a further iteration of “the overriding requirement of reasonableness which permeates the code” in avoidance of an absolute rule against continued use. 1978See also Fablock Mills, Inc. v. Cocker Machine & Foundry Co., 125 N.J.Super. 251 , 310 A.2d 491 (1973), cert. denied, 64 N.J. 317 , 315 A.2d 405 (1973), for a like holding on the burden of proof, and a further iteration of “the overriding requirement of reasonableness which permeates the code” in avoidance of an absolute rule against continued use. | 1 | 1 |
Fablok Mills v. Cocker MacH. Co.green2 sentences1978See also Fablock Mills, Inc. v. Cocker Machine & Foundry Co., 125 N.J.Super. 251 , 310 A.2d 491 (1973), cert. denied, 64 N.J. 317 , 315 A.2d 405 (1973), for a like holding on the burden of proof, and a further iteration of “the overriding requirement of reasonableness which permeates the code” in avoidance of an absolute rule against continued use. 1978See also Fablock Mills, Inc. v. Cocker Machine & Foundry Co., 125 N.J.Super. 251 , 310 A.2d 491 (1973), cert. denied, 64 N.J. 317 , 315 A.2d 405 (1973), for a like holding on the burden of proof, and a further iteration of “the overriding requirement of reasonableness which permeates the code” in avoidance of an absolute rule against continued use. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Missouri. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Clein
green
2 sentences1962“Morality is a generic term containing the sum total of all . . . moral traits, including honesty, fidelity, peacefulness, etc.,” sometimes “referred to as synonymous with character” [State v. Moorman, 133 Mont. 148 , 321 P.2d 236, 240 ]; and the very nature of the overriding principle in cases of this character, i. e., that the welfare of the children is paramount and supreme, dictates and demands that an inquiry into the “morals” of parents (and, we think, of stepparents as well) should encompass not only sexual conduct but also “common decency, cleanliness of mind and body, honesty, truthfu 1962"Morality is a generic term containing the sum total of all . . . moral traits, including honesty, fidelity, peacefulness, etc.," sometimes "referred to as synonymous with character" [State v. Moorman, 133 Mont. 148 , 321 P.2d 236, 240 ]; and the very nature of the overriding principle in cases of this character, i. e., that the welfare of the children is paramount and supreme, dictates and demands that an inquiry into the "morals" of parents (and, we think, of stepparents as well) should encompass not only sexual conduct but also "common decency, cleanliness of mind and body, honesty, truthfu | 4 | 1959–1962 |
State v. Moorman
green
2 sentences1962"Morality is a generic term containing the sum total of all . . . moral traits, including honesty, fidelity, peacefulness, etc.," sometimes "referred to as synonymous with character" [State v. Moorman, 133 Mont. 148 , 321 P.2d 236, 240 ]; and the very nature of the overriding principle in cases of this character, i. e., that the welfare of the children is paramount and supreme, dictates and demands that an inquiry into the "morals" of parents (and, we think, of stepparents as well) should encompass not only sexual conduct but also "common decency, cleanliness of mind and body, honesty, truthfu 1962"Morality is a generic term containing the sum total of all . . . moral traits, including honesty, fidelity, peacefulness, etc.," sometimes "referred to as synonymous with character" [State v. Moorman, 133 Mont. 148 , 321 P.2d 236, 240 ]; and the very nature of the overriding principle in cases of this character, i. e., that the welfare of the children is paramount and supreme, dictates and demands that an inquiry into the "morals" of parents (and, we think, of stepparents as well) should encompass not only sexual conduct but also "common decency, cleanliness of mind and body, honesty, truthfu | 4 | 1959–1962 |
Kilmer v. Hui Chan Mun
green
1 sentence2013Thus, the overriding rule of statutory construction we are to apply in this case is the rule which requires us “to construe legislative enactments so as to render them constitutional and avoid the effect of unconstitutionality, if it is reason ably possible to do so.” Simpson v. Kilcher, 749 S.W.2d 386, 390 (Mo. banc 1988), overruled on other grounds by Kilmer v. Mun, 17 S.W.3d 545 (Mo. banc 2000). | 1 | 2013–2013 |
Maryland v. Louisiana
green
2 sentences1999“Consideration under the Supremacy Clause starts with the basic assumption that Congress did not intend to displace state law.” Maryland v. Louisiana, 451 U.S. 725, 746 , 101 S.Ct. 2114 , 68 L.Ed.2d 576 (1981). 1999“Consideration under the Supremacy Clause starts with the basic assumption that Congress did not intend to displace state law.” Maryland v. Louisiana, 451 U.S. 725, 746 , 101 S.Ct. 2114 , 68 L.Ed.2d 576 (1981). | 1 | 1999–1999 |
Katz v. United States
green
2 sentences1994IV; Mo. Const. Art. 1, § 15. “[A]ll warrant less searches, subject only to a few well delineated exceptions, are per se constitutionally offensive.” State v. Peterson, 525 S.W.2d 599, 603 (Mo.App.1975) citing Coolidge v. New Hampshire, 403 U.S. 443, 454-455 , 91 S.Ct. 2022, 2031-32 , 29 L.Ed.2d 564 (1971) and Katz v. United States, 389 U.S. 347, 357 , 88 S.Ct. 507, 514 , 19 L.Ed.2d 576 (1967). 1994IV; Mo. Const. Art. 1, § 15. “[A]ll warrant less searches, subject only to a few well delineated exceptions, are per se constitutionally offensive.” State v. Peterson, 525 S.W.2d 599, 603 (Mo.App.1975) citing Coolidge v. New Hampshire, 403 U.S. 443, 454-455 , 91 S.Ct. 2022, 2031-32 , 29 L.Ed.2d 564 (1971) and Katz v. United States, 389 U.S. 347, 357 , 88 S.Ct. 507, 514 , 19 L.Ed.2d 576 (1967). | 1 | 1994–1994 |
Coolidge v. New Hampshire
green
2 sentences1994IV; Mo. Const. Art. 1, § 15. “[A]ll warrant less searches, subject only to a few well delineated exceptions, are per se constitutionally offensive.” State v. Peterson, 525 S.W.2d 599, 603 (Mo.App.1975) citing Coolidge v. New Hampshire, 403 U.S. 443, 454-455 , 91 S.Ct. 2022, 2031-32 , 29 L.Ed.2d 564 (1971) and Katz v. United States, 389 U.S. 347, 357 , 88 S.Ct. 507, 514 , 19 L.Ed.2d 576 (1967). 1994IV; Mo. Const. Art. 1, § 15. “[A]ll warrant less searches, subject only to a few well delineated exceptions, are per se constitutionally offensive.” State v. Peterson, 525 S.W.2d 599, 603 (Mo.App.1975) citing Coolidge v. New Hampshire, 403 U.S. 443, 454-455 , 91 S.Ct. 2022, 2031-32 , 29 L.Ed.2d 564 (1971) and Katz v. United States, 389 U.S. 347, 357 , 88 S.Ct. 507, 514 , 19 L.Ed.2d 576 (1967). | 1 | 1994–1994 |
Rutter v. Carothers
green
2 sentences1984As stated by Judge Lamm in Rutter v. Carothers, 223 Mo. 631 , 122 S.W. 1056 (1909) and repeated in State ex rel. 1984As stated by Judge Lamm in Rutter v. Carothers, 223 Mo. 631 , 122 S.W. 1056 (1909) and repeated in State ex rel. | 1 | 1984–1984 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.