State ex rel. Henderson v. County Court
Supreme Court of Missouri
For statement of case see dissenting opinion of Judge Wagner. I. The act of the general assembly of April 1, 1872, creating the office of Probate Court for Boone' and other counties, is not in violation of section 27, article IV, of the State constitution.
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For statement of case see dissenting opinion of Judge Wagner. I. The act of the general assembly of April 1, 1872, creating the office of Probate Court for Boone' and other counties, is not in violation of section 27, article IV, of the State constitution. The general prohibition in the latter clause of said section has reference to the whole section, and embraces . those subjects that .are of the same general class as those already enumerated in the first clause, and comes within the doctrine of ejusdem, generis •as settled by this court in The City of St. Louis v. Laughlin, 49 Mo. 559.…
1Opinion of the CourtAdams, Judge
I. The first question presented by this record is the constitutionality of the act of the Legislature establishing a Probate Court for Boone county. It is urged that the Legislature is prohibited, from passing such an act by.the provisions of section 27 of article XV of the constitution of this State. The section referred to, after enumerating many cases where the Legislature is positively-prohibited from passing a special law, contains this clause : “ The-general assembly shall pass no special law for any case for which, provision can be made by a general law, but shall pass general laws…
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