State Ex Rel. Clark County v. Hackmann
Supreme Court of Missouri
Mandamus. (1) “No county . . . shall be allowed to become indebted in any manner or for any purpose to an amount exceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the voters thereof voting at an election to be held for that purpose.” Mo. Constitution, sec. 12, art. 10; State ex rel. v. Wilder,. 197 Mo. 1; Barnard & Co. v. Knox Co., 105' Mo. 382; Mt.
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Mandamus. (1) “No county . . . shall be allowed to become indebted in any manner or for any purpose to an amount exceeding in any year the income and revenue provided for such year, without the assent of two-thirds of the voters thereof voting at an election to be held for that purpose.” Mo. Constitution, sec. 12, art. 10; State ex rel. v. Wilder,. 197 Mo. 1; Barnard & Co. v. Knox Co., 105' Mo. 382; Mt. Grove Bank v. Douglas, 146 Mo. 42; Trask v. Livingston Co., 210.Mo. 582; State ex rel. v. Neosho, 203 Mo. 40. (2) Municipal bonds which are valid when issued are not rendered void by the…
1Dissent
GOODE, J.,
(dissenting.) — This case is presented for decision on a motion of Clark County, the relator, that the court award- its peremptory writ of mandamus, commanding respondent to register the bonds in question, notwithstanding the return made by respondent to the alternative writ. It is, therefore, a motion for judgment on the pleadings, and the pertinent facts are to be gathered from the pleadings.
The averments of the petition and'return agree that default judgments to the amount of more than one hundred thousand dollars were recovered against Clark County in April, 1916, on warrants…
2Cases cited31 opinions
- Claiborne County v. BrooksSupreme Court of the United States · 1884
- Doon Township v. CumminsSupreme Court of the United States · 1892
- Merrill v. MonticelloSupreme Court of the United States · 1891
- Brenham v. German American BankSupreme Court of the United States · 1892
- City of Huron v. Second Ward Sav. BankCourt of Appeals for the Eighth Circuit · 1898
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