# State ex rel. Wear v. Francis

> Supreme Court of Missouri · April 15, 1888 · 95 Mo. 44

URL: https://www.frixlaw.com/law-library/cases/8009255

## Case

- **Full name:** The State ex rel. Wear v. Francis, Police Commissioners of St. Louis
- **Court:** Supreme Court of Missouri
- **Decided:** April 15, 1888
- **Citations:** 95 Mo. 44
- **Precedential status:** Published
- **Opinion:** Concurrence by Norton
- **Judges:** Black, File, Norton, Opinions, Other, Ray, Sherwood
- **Cited by:** 37 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8009255

## Opinion text

Norton, C. J.,
Concurring. — I concur in the above opinion, not only for the reason that, under the facts stated in regard to the vote taken in 1858, as to whether the sale of fermented liquors on Sunday should be permitted in the city of St. Louis, such vote did not authorize the passage of the ordinance in question, and this was expressly so held in the case of State v. Winkelmeier, 35 Mo. 103 , but for the additional reason that, inasmuch as the Downing law contains a provision expressly repealing all acts or parts of acts inconsistent with it, the act of 1857, being repugnant to, and irreconcilably inconsistent with, the Downing law, is by necessary implication repealed. But whatever doubts,, if any, might exist as to the correctness of the position last-stated, such doubts are entirely removed by the act of 1887, which in express terms repeals said act of 1857.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8009255. Public record. Not legal advice.