Wilson v. Knox County
Supreme Court of Missouri
Appeal from Knox Circuit Court. — Hon. B. E. Tubneb, Judge. (1) In Missouri, it has been repeatedly held: That the intention of the legislative act may often be gathered from a view of the whole and every part of the statute taken and compared together. When the true intention is accurately ascertained, it will always prevail over the literal sense of the terms. The occasion and necessity of the law, the mischief felt, and the object and remedy in view, are to be considered.
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Appeal from Knox Circuit Court. — Hon. B. E. Tubneb, Judge. (1) In Missouri, it has been repeatedly held: That the intention of the legislative act may often be gathered from a view of the whole and every part of the statute taken and compared together. When the true intention is accurately ascertained, it will always prevail over the literal sense of the terms. The occasion and necessity of the law, the mischief felt, and the object and remedy in view, are to be considered. Sumes v. Railroad, 82 Mo. 227; In the Matter of Bomino’s Estate, 83 Mo. 441; Whiter. Chaney, 20 Mo. App. 393; Belden r.…
1Opinion of the CourtBkace, C. J.
This is an action on two county warrants duly issued and delivered by the county court of Knox county, one for the sum of $182.35, payable-to John Gribler out of any money in the treasury appropriated for officers’ salary fund, and by him duly assigned to plaintiff, dated the thirtieth day of June, 1880, presented to the treasurer of said county and protested for want of funds July 9, 1880; again presented to said treasurer, and protested for want of funds April 28, 1887. The other for the sum of $157.88, payable to Timothy Kelley out of any money in the treasury appropriated for pauper fund,…
2Cases cited6 opinions
- Manker v. FaulhaberSupreme Court of Missouri · 1887
- International Bank v. Franklin CountySupreme Court of Missouri · 1877
- Kansas City v. SmartSupreme Court of Missouri · 1895
- Howell v. Reynolds CountySupreme Court of Missouri · 1872
- Payne v. MasekSupreme Court of Missouri · 1893
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3Cited by20 opinions
- Clark v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1909
- Murchison National Bank v. EvansSupreme Court of North Carolina · 1926
- Meriwether v. OverlySupreme Court of Missouri · 1910
- State ex rel. Frazer v. Holt County CourtSupreme Court of Missouri · 1896
- Andrew County ex rel. Kirtley v. SchellSupreme Court of Missouri · 1896
15 more not listed; retrieve them via the Exa API.