State ex rel. Clay County v. Hackman
Supreme Court of Missouri
Mandamus. Writ issued. (1) The amendment of 1906 is simply the removal of a limitation heretofore existing; it is not a grant- of power, hence is necessarily self-enforcing, to the extent that it abolishes previous limitations, so that an act of the Legislature giving a county power to issue bonds for road purposes confers that power upon the county without any limitation.
Read the full summary
Mandamus. Writ issued. (1) The amendment of 1906 is simply the removal of a limitation heretofore existing; it is not a grant- of power, hence is necessarily self-enforcing, to the extent that it abolishes previous limitations, so that an act of the Legislature giving a county power to issue bonds for road purposes confers that power upon the county without any limitation. State ex rel. v. Duncan, 265 Mo. 41; Arnold v. Hawkins, 95 Mo. 569; State ex rel. v. R. R., 74 Mo. 163; St. Joseph Board v. Patton, 62 Mo. 444; State ex rel. v. Van Every, 75 Mo. 530; Evans v. McFarland, 186 Mo. 726; Sharp…
1Opinion of the CourtWilliams, J.
— This is an original proceeding in mandamus brought by the relator to compel the State Auditor to register a portion ($10,000) of a total $1,250,000 proposed public-road-bond issue of Clay County. The bonds, representing the sum of ten thousand dollars, were, upon presentation to the -State Auditor, refused registration. Thereupon this proceeding was instituted. The issuance of the alternative writ was waived. The pleadings consist of relator’s petition, respondent’s return thereto, and relator’s motion for judgment upon the pleadings. The bonds are attempted to be issued under authority of…
2Cases cited8 opinions
- Northwestern Telephone Exchange Co. v. City of MinneapolisSupreme Court of Minnesota · 1900
- Sanderson v. TexarkanaSupreme Court of Arkansas · 1912
- Chamberlain v. Iowa Telephone Co.Supreme Court of Iowa · 1903
- Abbott v. City of DuluthU.S. Circuit Court for the District of Minnesota · 1900
- Brace v. . New York Central Railroad CompanyNew York Court of Appeals · 1863
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State Ex Rel. State Highway Commission v. CarltonMissouri Court of Appeals · 1970
- State Farm Mutual Automobile Insurance Co. v. StockleyMissouri Court of Appeals · 2005
- Johns-Manville Corporation v. Village of Dekalb, Missouri, Amos H. WattsCourt of Appeals for the Eighth Circuit · 1971
- Kroeger v. St. Louis CountySupreme Court of Missouri · 1949