State ex rel. Audrain County v. Hackmann
Supreme Court of Missouri
Mandamus. (1) A county hospital is a public building, and, therefore, the erection and maintenance of a county hospital is a public, purpose.
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Mandamus. (1) A county hospital is a public building, and, therefore, the erection and maintenance of a county hospital is a public, purpose. In re Board' of Commissioners v. Peter, 253 Mo. 352. (2) Every presumption in favor of the validity and constitutionality of the Act of April 9, 1917, will be indulged by the courts, and the act will not be held to be unconstitutional unless it so plainly violates some provision of the Constitution that there is no escape from .such conclusion. Board of Commissioners v. Peter, 253 Mo. 520. (3) Such a construction of a statute should be adopted as will…
1Opinion of the CourtBond, C. J.
tatemen . I. This is an orginal proceeding, seeking our writ of mandamus to compel respondent, George E. Hackmann, as Auditor of the States ^ Missouri, to register Bond No. 1 of an issue of $75,000 of bonds of Audrain County. Respondent waived the issuance of an alternative writ of mandamus and the case was submitted to the court upon the petition which stands as and for the writ and the return made thereto. The undisputed facts are as follows:
*539In December, 1917,'a petition, signed by more than one hundred resident freeholders of Audrain County, more than fifty of whom were non-residents of…
2Cases cited7 opinions
- East St. Louis v. AmySupreme Court of the United States · 1887
- Black v. EarlySupreme Court of Missouri · 1907
- Coleman v. LucksingerSupreme Court of Missouri · 1909
- McGrath v. St. Louis, Kansas City & Colorado RailroadSupreme Court of Missouri · 1895
- State v. WilsonSupreme Court of Missouri · 1915
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3Cited by25 opinions
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- Weinschenk v. StateSupreme Court of Missouri · 2006
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- State Ex Rel. Missouri Highway & Transportation Commission v. AppelquistMissouri Court of Appeals · 1985
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