State ex rel. Berry v. Shields
Missouri Court of Appeals
APPLICATION for mandamus. If there is a doubt as to the constitutionality of the law, it must be upheld. — The State v.Oape Girardeau R. Go., 48 Mo. 468 ; Slade v. Jacob, 8 W. Va. 612; Attorney General v. Gity of Eau Olaire, 37 Wis. 400 ; McOormidc v. Alexander, 2 Ohio St. 75. As to when a law is or is not “local” or “ special.” — Gonner v. Mayor, 5 N. Y. 285 ; Phillips v. Mayor, 1 Hilt. 483 ; The People v. Stephens, 2 Abb. Pr.
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APPLICATION for mandamus. If there is a doubt as to the constitutionality of the law, it must be upheld. — The State v.Oape Girardeau R. Go., 48 Mo. 468 ; Slade v. Jacob, 8 W. Va. 612; Attorney General v. Gity of Eau Olaire, 37 Wis. 400 ; McOormidc v. Alexander, 2 Ohio St. 75. As to when a law is or is not “local” or “ special.” — Gonner v. Mayor, 5 N. Y. 285 ; Phillips v. Mayor, 1 Hilt. 483 ; The People v. Stephens, 2 Abb. Pr. (n. &.) 483; Williams v. The People, 24 N. Y. 405 ; The State r. Lean, 9 Wis. 279 ; Glarle v. Gity of Janesville, 10 Wis. 136 ; Gity of Rochester y. Briggs, 50 N. Y.…
1Opinion of the Court
Lewis, P. J.,
delivered tbe opinion of the court.
The relator applies for a mandamus to compel the city auditor of St. Louis to audit and allow his account for one month’s salary as reporter of the decisions of the St. Louis Court of Appeals. The respondent, in his return upon the alternative writ, denies that there is any such office as the relator claims to hold, and affirms that the act of the General Assembly, approved April 24, 1877, attempting to create it, is unconstitutional and void. A demurrer to the return places the whole controversy upon the validity of the act.
The personal…
2Cases cited8 opinions
- Conner v. . the Mayor, C. of New YorkNew York Court of Appeals · 1851
- State ex rel. Cothren v. LeanWisconsin Supreme Court · 1859
- Williams v. . the PeopleNew York Court of Appeals · 1862
- Hingle v. StateIndiana Supreme Court · 1865
- Harper v. Commissioners of ElbertonSupreme Court of Georgia · 1857
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Buzbee v. HuttonSupreme Court of Arkansas · 1932
- Atwater v. HassettSupreme Court of Oklahoma · 1910
- Greene County v. LydySupreme Court of Missouri · 1914
- State ex rel. Donham v. YancySupreme Court of Missouri · 1894
- Associated Industries v. Oklahoma Tax CommissionSupreme Court of Oklahoma · 1936
9 more not listed; retrieve them via the Exa API.