State ex rel. Board of Education v. Nast
Supreme Court of Missouri
Mandamus. (1) The provision contained in section 17 of the ■act, directing the clerk of the court to pay all fines, penalties and forfeitures collected by him into the city treasury, is unconstitutional in that it violates section '8, article 11, of the Constitution of the State.
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Mandamus. (1) The provision contained in section 17 of the ■act, directing the clerk of the court to pay all fines, penalties and forfeitures collected by him into the city treasury, is unconstitutional in that it violates section '8, article 11, of the Constitution of the State. State ex rel. v. Warner, 197 Mo. 650; State v. Newell, 140 Mo. 282; State v. Bockstruck, 136 Mo. 335, (2) A part of the law may be constitutionally invalid and the remainder of it valid, when the objectionable part may be properly separated from the other. State v. Bock-struck, 136 Mo. 335; State v. Newell, 140 Mo,…
1Opinion of the Court
GANTT, C, J.
This is an application in this court for a writ of mandamus against the clerk of the circuit court for criminal causes in the city of St. Louis and against the city itself to require the defendant Nast, as clerk of said court, to pay over to the Board of Education of the city of St. Louis all fines, penalties and forfeitures heretofore collected by.him and which may hereafter be collected by him as clerk of the St. Louis Court of General Sessions.
The petition sets.forth that the Board of Education is a public corporation organized and existing under the laws of the State of…
2Cases cited11 opinions
- Prigg v. PennsylvaniaSupreme Court of the United States · 1842
- Ex Parte Tom TongSupreme Court of the United States · 1883
- State v. BockstruckSupreme Court of Missouri · 1896
- Ex parte SnyderSupreme Court of Missouri · 1876
- State ex rel. Rodes v. WarnerSupreme Court of Missouri · 1906
6 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- State ex rel. Applegate v. TaylorSupreme Court of Missouri · 1909
- State ex rel. Barrett v. HitchcockSupreme Court of Missouri · 1912
- State v. CernySupreme Court of Missouri · 1956
- State v. CernySupreme Court of Missouri · 1956
- State v. FergusonSouth Dakota Supreme Court · 1925
20 more not listed; retrieve them via the Exa API.