Legal Opinion

Carson v. Sullivan

Supreme Court of Missouri

Decided July 28, 1920PublishedCited by 12 opinions

Appeal from Cole Circuit Court. — Hon. J. O. Slate, Judge. (1) Respondents are executive or administrative officers of the State of Missouri and are amenable to injunction when they attempt to do what they ought not do. Sec. 6750, R. S. 1909; Merchants’ Exchange v. Knott, 212 Mo.. 616; Ex Parte Young, 209 U. S. 123, 28 Sup. Ct. Rep. 441; Symth v. Ames, 169 U. S. 466, 18 Sup. Ct.

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Appeal from Cole Circuit Court. — Hon. J. O. Slate, Judge. (1) Respondents are executive or administrative officers of the State of Missouri and are amenable to injunction when they attempt to do what they ought not do. Sec. 6750, R. S. 1909; Merchants’ Exchange v. Knott, 212 Mo.. 616; Ex Parte Young, 209 U. S. 123, 28 Sup. Ct. Rep. 441; Symth v. Ames, 169 U. S. 466, 18 Sup. Ct. Rep. 41.8. (2) Appellant, as a taxpayer and citizen of the State of Missouri, is authorized and entitled to prosecute this action. Sec. 6750, R. S. 1909; Newmeyer v. Railway, 52 Mo. 81; State v. Curators, 57 Mo. 178;…

1Opinion of the CourtWalker, C. J.

This is a proceeding by injunction instituted by the appellant in the Circuit Court of Cole County to restrain the respondents from preparing aud certifying a ballot title to the proposed referendum -on Senate Joint and Concurrent Resolution Number One adopted by the 50th General Assembly ratifying the Eighteenth Amendment to the Constitution of the United States prohibiting the manufacture, sale or transportation of intoxicating liquors within, the importation thereof into, or thq exportation thereof from the United States, etc., and to enjoin the Secretary of State from furnishing his…

2Cases cited7 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Smyth v. AmesSupreme Court of the United States · 1898
  3. Newmeyer v. Mo. & Miss. R. R.Supreme Court of Missouri · 1873
  4. Merchants Exchange v. KnottSupreme Court of Missouri · 1908
  5. State ex rel. McCleary v. AdcockSupreme Court of Missouri · 1907

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3Cited by12 opinions

  1. Shondel Church v. State of MissouriCourt of Appeals for the Eighth Circuit · 2019
  2. Kleban v. MorrisSupreme Court of Missouri · 1952
  3. King v. PriestSupreme Court of Missouri · 1947
  4. Castilo v. State Highway CommissionSupreme Court of Missouri · 1925
  5. Hight v. City of HarrisonvilleSupreme Court of Missouri · 1931

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