Legal Opinion

Russell v. Croy

Supreme Court of Missouri

Decided June 18, 1901PublishedCited by 23 opinions

Appeal from Buchanan Circuit Corirt. — Hon. W. K. James3 Judge. (1) All requirements imposed by a Constitution for its amendment are mandatory and must be strictly complied with before any amendment can become a part thereof. Governor v. Frierson, 24 Ala. 109; Hunt v. State, 22 Tex.

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Appeal from Buchanan Circuit Corirt. — Hon. W. K. James3 Judge. (1) All requirements imposed by a Constitution for its amendment are mandatory and must be strictly complied with before any amendment can become a part thereof. Governor v. Frierson, 24 Ala. 109; Hunt v. State, 22 Tex. App. 400; State v. Tucker, 15 Mont. 8; State v. Davis, 20 Nevada, 220; Livermore v. Waite, 102 Cal. 113; Durfee v. Harper, 22 Mont. 354; Judciary Amendments, 77 Miss.' 566; Eeply of Supreme Court, 14 E. I. 649; State ex rel. v. Secretary, 43 La. Ann! 651; Eeply to Legislature, 6 Cush. 573; Eussie v. Brazzell, 128…

1Opinion of the CourtValliant, J.

— These two cases come here by appeal from the circuit court of Buchanan county. The plaintiffs are holders of notes secured by mortgages on lands in that county, which are owned by individuals. The defendants are the assessor and the members of the county court. The object of the suits is to prevent the defendants from enforcing against the plaintiffs the terms of the third constitutional amendment voted on and declared adopted at the general election in November, 1900.

The proposed amendment was to add to article 10 of the Constitution, two sections as follows:

“Section 22. A mortgage, deed…

2Cases cited7 opinions

  1. Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
  2. Covington & Lexington Turnpike Road Co. v. SandfordSupreme Court of the United States · 1896
  3. Santa Clara County v. Southern Pacific RailroadSupreme Court of the United States · 1886
  4. Young v. DowneySupreme Court of Missouri · 1899
  5. Central Pacific Railroad v. State Board of EqualizationCalifornia Supreme Court · 1882

2 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Ellingham v. DyeIndiana Supreme Court · 1912
  2. Gottstein v. ListerWashington Supreme Court · 1915
  3. McConaughy v. Secretary of StateSupreme Court of Minnesota · 1909
  4. Railroad Commission v. Sterling Oil & Refining Co.Texas Supreme Court · 1949
  5. State Ex Rel. Marquette Hotel Investment Co. v. State Tax CommissionSupreme Court of Missouri · 1920

18 more not listed; retrieve them via the Exa API.

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