Open courts--certain remedies--justice without sale, denial or delay
Missouri Constitution (1945)
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That the courts of justice shall be open to every person, and certain remedy afforded for every injury to person, property or character, and that right and justice shall be administered without sale, denial or delay.
- Source: Const. of 1875, Art. II § 10.
(1954) This section is not applicable to authorize action against charitable institution for tort of its servant even though liability insurance is carried by the institution. Kreuger v. Schmiechen, 364 Mo. 568, 264 S.W.2d 311.
(1956) Where service of summons was had in the state on president of defendant, a foreign corporation which was not doing business in this state, the court had no right to assume jurisdiction over the defendant, and the constitutional provision had no application. Collar v. Peninsular Gas Co. (Mo.), 295 S.W.2d 88.
(1958) Validity of doctrine of forum non conveniens discussed and held not to apply to tort action brought by resident of Wyandotte County, Kansas, against resident of Johnson County, Kansas, in Kansas City, Missouri, since there was no clear showing of inconvenience of forum nor that the ends of justice required it. Loftus v. Lee (Mo.), 308 S.W.2d 654.
(1964) Failure to furnish defendant in prosecution for first degree robbery with free depositions was not a violation of his constitutional rights. State v. Aubuchon (Mo.), 381 S.W.2d 807.
(1964) Failure to appoint counsel to represent defendant at preliminary examination where he pleaded not guilty held not to deprive him of due process of law nor equal protection of the law. State v. Phelps (Mo.), 384 S.W.2d 616.
(1979) Held, chapter 538 violates Art. I, § 14 of the constitution of Missouri and must be held invalid for that reason. State ex rel. Cardinal Glennon Memorial Hospital for Children v. Gaertner (Mo.), 583 S.W.2d 107.
(1993) Criminal prosecution for statements made in civil pleading does not violate constitution. Right of access to courts does not include right to make death threats in pleadings. Alexander v. State, 864 S.W.2d 354 (Mo. App. W.D.).
(2000) Provisions of Missouri's dram shop law (section 537.053, RSMo) that impose liability only upon conviction of sale of liquor to a person under age or to an obviously intoxicated person are an unconstitutional violation of the state's open courts provision, because access to the courts is conditioned upon a prosecutor's decision to bring the case. Kilmer v. Mun, 17 S.W.3d 545 (Mo.banc).
