Legal Opinion

State ex rel. Manning v. Higgins

Supreme Court of Missouri

Decided December 10, 1894PublishedCited by 16 opinions

Mandamus. (1) The law in question is special and unconstitutional. Murnanev. St. Louis, 123 Mo. 479; State ex rel. v. Miller, 100 Mo. 448; State ex rel. v. Hammer, 42 N. J. Law, 440; Board v. Buch, 49 N. J. Law, 228; State v. •Sloane,4t9 N. J. Law, 356; see, also, Goutieriv. Mayor (1882),,44 N. J. Law, 58; Hammer v. State (1882), 44 N. J. Law, 667; Pierson v. O’Connor (1891), 54 N. J. Law, 36; State ex rel. v. Orange (1892), 25 Atl. Rep. 268; State v. Trenton (1892), 25 Atl.

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Mandamus. (1) The law in question is special and unconstitutional. Murnanev. St. Louis, 123 Mo. 479; State ex rel. v. Miller, 100 Mo. 448; State ex rel. v. Hammer, 42 N. J. Law, 440; Board v. Buch, 49 N. J. Law, 228; State v. •Sloane,4t9 N. J. Law, 356; see, also, Goutieriv. Mayor (1882),,44 N. J. Law, 58; Hammer v. State (1882), 44 N. J. Law, 667; Pierson v. O’Connor (1891), 54 N. J. Law, 36; State ex rel. v. Orange (1892), 25 Atl. Rep. 268; State v. Trenton (1892), 25 Atl. Rep. 118; Wheeler, v. Philadelphia (1874), 77 Pa. St. 338. (2) It is said there is no reasonable probability that any…

1Opinion of the CourtBlack, P. J.

John Gr. Manning, intending to become a candidate at the November, 1894, election for the office of justice of the peace in the ninth district of the city of St. Louis, as that district was established by the act of the twenty-seventh of April, 1877 (Acts of 1877, p. 283), obtained a certificate of nomination signed by the requisite number of electors and presented the same to the respondent in his capacity of recorder of voters. Respondent refused to receive or file the certificate, assigning as a reason therefor that the act of 1877 had. been repealed by the act of the twenty-third of…

2Cases cited3 opinions

  1. State ex rel. Lionberger v. TolleSupreme Court of Missouri · 1880
  2. People ex rel. Attorney General v. ProvinesCalifornia Supreme Court · 1868
  3. State ex rel. Monahan v. WaltonSupreme Court of Missouri · 1879

3Cited by16 opinions

  1. State ex rel. Hawes v. MasonSupreme Court of Missouri · 1899
  2. Ladd v. HolmesOregon Supreme Court · 1901
  3. State ex rel. Barrett v. HitchcockSupreme Court of Missouri · 1912
  4. State Ex Inf. Atty. Gen. v. HedrickSupreme Court of Missouri · 1922
  5. St. Louis v. DorrSupreme Court of Missouri · 1898

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