Forgrave v. Buchanan County
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. L. A. Vories, Judge. (1) All intendments are in favor of constitutionality. Before an act will he held invalid its necessary and unavoidable effect must be to violate the Constitution. Green County v. Lydy, 263 Mo. 87; State ex rel. v. Port, 210 Mo. 526; State ex rel. v. Aloe, 152 Mo. 477; Railway Company v. Brick Co., 85 Mo. 332; State ex rel. y. Ransom, 73 Mo. 95. (2) The title of the act is sufficient.
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Appeal from Buchanan Circuit Court. — Hon. L. A. Vories, Judge. (1) All intendments are in favor of constitutionality. Before an act will he held invalid its necessary and unavoidable effect must be to violate the Constitution. Green County v. Lydy, 263 Mo. 87; State ex rel. v. Port, 210 Mo. 526; State ex rel. v. Aloe, 152 Mo. 477; Railway Company v. Brick Co., 85 Mo. 332; State ex rel. y. Ransom, 73 Mo. 95. (2) The title of the act is sufficient. All matters contained within the act are germane, and the title is appropriate and sufficient. In the Matter of Burris, 66 Mo. 442; State ex rel.…
1Opinion of the Court
Appeal from the Circuit Court of Buchanan County. This suit by appellant, a justice of the peace of Washington Township, Buchanan County, is to recover his salary at the rate of $2,000 per annum from respondent, under the act of the Legislature of 1915 (Laws 1915, p. 324), and also to recover clerk hire at the rate of $75 per month, under said act.
Prior to the institution of this suit, appellant had brought a suit in mandamus to compel the judges of the county court of said county to order a warrant issued for the services now sued for. This court held mandamus would not lie, and plaintiff's…
2Cases cited10 opinions
- Ewing v. HoblitzelleSupreme Court of Missouri · 1884
- State ex rel. Harris v. HerrmannSupreme Court of Missouri · 1882
- Lynch v. MurphySupreme Court of Missouri · 1893
- v. MeeksSupreme Court of Missouri · 1885
- Rutherford v. HamiltonSupreme Court of Missouri · 1888
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3Cited by4 opinions
- Randolph v. City of SpringfieldSupreme Court of Missouri · 1923
- Graves v. PurcellSupreme Court of Missouri · 1935
- State Ex Inf. Wallach v. BeckmanSupreme Court of Missouri · 1945
- State v. KennedySupreme Court of Missouri · 1938