State ex rel. Richey v. McGrath
Supreme Court of Missouri
Mandamus. (1) When the constitutionality of a statute is to be determined, resort should not be made to mere verbal criticisms, subtile distinctions, abstract reasoning, or nice differences in the meaning of words. It will be presumed to be constitutional till the contrary plainly appears, and it is only when it manifestly infringes some provision of the constitution that it can be declared void.
Read the full summary
Mandamus. (1) When the constitutionality of a statute is to be determined, resort should not be made to mere verbal criticisms, subtile distinctions, abstract reasoning, or nice differences in the meaning of words. It will be presumed to be constitutional till the contrary plainly appears, and it is only when it manifestly infringes some provision of the constitution that it can be declared void. In cases of doubt every possible presumption not directly and clearly inconsistent with the language and subject-matter is to be made in favor of the statute. The burden is upon those. who allege the…
1Opinion of the CourtNorton, C. J.
This is a proceeding by mandamus in which the relators seek to compel the defendant, as secretary of state, to file and record in his office certain articles of association or agreement made by relators and presented by them to defendant, and to issue a certificate of incorporation based thereon. The secretary of state refused to file the articles and issue a certificate of incorporation on the ground that he was not authorized to do so until the relators paid into the state treasury the sums required to be paid by article 10, section *19621, of the constitution, and Revised Statutes, section 708.
Th…
2Cited by9 opinions
- Rockhill Tennis Club of Kansas City v. VolkerSupreme Court of Missouri · 1932
- State Ex Rel. Equality Savings & Building Ass'n v. BrownSupreme Court of Missouri · 1934
- City of Newport v. Masonic Temple Ass'nCourt of Appeals of Kentucky · 1900
- Vogt v. City of LouisvilleCourt of Appeals of Kentucky · 1917
- State ex rel. Henderson v. LesueurSupreme Court of Missouri · 1889
4 more not listed; retrieve them via the Exa API.