State ex rel. Wagner v. Patterson
Supreme Court of Missouri
Mandamus. (1) Section 8187, Revised Statutes 1889, does not repeal the Act of 1887. It was not repealed by implication by the revision of 1889'. State ex rel. v. Spencer, 164. Mo. 48. Repeals by implication are not favored.
Read the full summary
Mandamus. (1) Section 8187, Revised Statutes 1889, does not repeal the Act of 1887. It was not repealed by implication by the revision of 1889'. State ex rel. v. Spencer, 164. Mo. 48. Repeals by implication are not favored. Manlier v. Faulhaber, 94 Mo. 430; State ex rel. v. Mar con County Court, 41 Mo. 453; State ex rel. v. Slover, 134 Mo. 10. A later statute will not repeal a prior one unless there is such repugnancy between them that the two cannot stand together or be consistently reconciled. Glasgow v. Lindell, 50 Mo. 60; Railroad v. Cass County, 53 Mo. 17; State ex rel. v. Dolan, 93' Mo.…
1Opinion of the CourtWoodson, J.
This is an original proceeding, instituted in this court on October 22, 1907, by the relators against the respondents, praying for the is*133suance of an alternative writ of mandamus. The writ was duly issued and made returnable on the 28th day of the same month.
The alternative writ alleged, in substance, that Charles P. Baldwin, the sheriff of Jackson county, Missouri, died on September 23, 1907, thereby leaving a vacancy in that office; that, under the law's of this state, it thereupon became-the duty of respondents, as judges of the county court of that county, to fill said vacancy temporarily…
2Cases cited17 opinions
- Kern v. Supreme Council, American Legion of HonorSupreme Court of Missouri · 1902
- Cole v. SkrainkaSupreme Court of Missouri · 1891
- State v. MetzgerSupreme Court of Missouri · 1857
- Sturgeon v. HamptonSupreme Court of Missouri · 1885
- State ex rel. Hess v. County CommissionersNevada Supreme Court · 1870
12 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State ex inf. Hadley v. Standard Oil Co.Supreme Court of Missouri · 1909
- Erickson v. EricksonOregon Supreme Court · 1941
- State Ex Rel. Moseley v. LeeSupreme Court of Missouri · 1928
- State v. BurnsSupreme Court of Missouri · 1943
- State ex rel. City of Chillicothe v. GordonSupreme Court of Missouri · 1911
12 more not listed; retrieve them via the Exa API.