City of Cape Girardeau v. Riley
Supreme Court of Missouri
Appealfrom Cape Girardeau Court of Common Pleas. I. A bill having, passed the General Assembly and received the approval of the Governor, although entirely wanting an enacting clause, as set out in the Constitution, Article 4, § 26, is valid.
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Appealfrom Cape Girardeau Court of Common Pleas. I. A bill having, passed the General Assembly and received the approval of the Governor, although entirely wanting an enacting clause, as set out in the Constitution, Article 4, § 26, is valid. (People vs. Supervisors, 8 N. Y., 323-330 ; Pacific R. R. vs. Governor, 23 Mo., 368, ei seq., People vs. Draper, 15 N. Y., 343-4.) The Constitution says, (Art. 6, § 26,) “All writs and process shall run * * in the name of the State of Missouri.” * * This provision has been held merely directory, and this court, say : “The constitution as well as the…
1Opinion of the CourtWagner, Judge
The plaintiff’s petition alleged an act of incorporation investing plaintiff with power to sue. A demurrer was interposed and sustained, and the important question that arises in the, case is the validity of the act of the Legislature incorporating the plaintiff as a city.
The objection taken is that- there is no enacting clause to the law, and it is contended that this omission renders it wholly invalid. The Constitution of this State (Art. 4, § 26,) declares that the style of the laws of this State shall be : “Be it enacted by the General Assembly of the State of Missouri as follows and we…
2Cases cited5 opinions
- Swann v. BuckMississippi Supreme Court · 1866
- State v. HaysSupreme Court of Missouri · 1856
- McPherson v. LeonardCourt of Appeals of Maryland · 1868
- State v. BinderSupreme Court of Missouri · 1866
- Davis v. WoodSupreme Court of Missouri · 1841
3Cited by30 opinions
- Colby v. City of MedfordOregon Supreme Court · 1917
- Ex Parte HudsonCourt of Criminal Appeals of Oklahoma · 1910
- State ex rel. Ekern v. ZimmermanWisconsin Supreme Court · 1925
- State v. . PattersonSupreme Court of North Carolina · 1887
- Sjoberg v. Security Savings & Loan Ass'nSupreme Court of Minnesota · 1898
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