State ex rel. Buchanan County v. Imel
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. L. J. Eastin, Judge. (1) All enactments of the Legislature are presumed to he constitutional until the contrary is made clearly to appear. For this reason the burden rests upon the respondent to point out and make clear to this court that said act is violative of the Constitution.
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Appeal from Buchanan Circuit Court. — Hon. L. J. Eastin, Judge. (1) All enactments of the Legislature are presumed to he constitutional until the contrary is made clearly to appear. For this reason the burden rests upon the respondent to point out and make clear to this court that said act is violative of the Constitution. State ex rel. v. Williams, 232 Mo. 2- State ex reí v. Mason, 150 Mo. 49; State ex rel. v. Switzler, 143 Mo. 317. (2) If said law of 1905 is unconstitutional, respondent waived his right to take advantage of it by giving á bond under its provisions, thereby declaring his…
1Opinion of the CourtBrown, J.
The object of this suit is to determine the constitutionality of that part of section 10695, Revised Statutes 1909, which provides that each probate judge in this State shall keep a true and correct account of all fees annually earned and collected by him, and “that whenever, after deducting all reasonable and necessary expenses for clerk hire, the amount of fees collected in any one calendar year by or for any one probate judge in. any county in this State, during his term of office, and irrespective of the date of accrual of such fees, shall exceed a sum equal to the annual compensation…
2Cases cited30 opinions
- State ex rel. Attorney General v. MeadSupreme Court of Missouri · 1879
- State ex rel. Attorney General v. MillerSupreme Court of Missouri · 1890
- State v. SnyderSupreme Court of Missouri · 1904
- Lynch v. MurphySupreme Court of Missouri · 1893
- State ex rel. Dickason v. County CourtSupreme Court of Missouri · 1895
25 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State Ex Rel. Wright v. CarterSupreme Court of Missouri · 1958
- Idaho Mutual Benefit Ass'n v. RobisonIdaho Supreme Court · 1944
- Graves v. PurcellSupreme Court of Missouri · 1935
- Booth v. ScottSupreme Court of Missouri · 1918
- Greene County v. LydySupreme Court of Missouri · 1914
18 more not listed; retrieve them via the Exa API.