State ex rel. Douglass v. Scott
Supreme Court of Missouri
Appeal from Henry Circuit Court. Tbe sixth section of the act in question providing for its submission to a vote of the people, is not unconstitutional. Commonwealth v. Judges, 8 Barr, 391. Commonwealth v. Painter, 10 Barr, 214. Even if that section is void, the whole act is not thereby rendered void. That section may be considered as stricken out, and the balance of the act may stand.
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Appeal from Henry Circuit Court. Tbe sixth section of the act in question providing for its submission to a vote of the people, is not unconstitutional. Commonwealth v. Judges, 8 Barr, 391. Commonwealth v. Painter, 10 Barr, 214. Even if that section is void, the whole act is not thereby rendered void. That section may be considered as stricken out, and the balance of the act may stand. Clark v. Ellis, 2 Blackf. 8. The act did not reduce Bates county below the ratio of representation, within the meaning of the constitution. Vernon county was organized for civil and military purposes only,…
1Opinion of the CourtGamble, Judge
An information in the nature of a quo warranto was filed in the Circuit Court of Bates county, against Scott, charging him with exercising unlawfully the powers, and performing the duties, of the office of sheriff within the limits of the county of Bates, when another person had been duly elected and qualified as sheriff of that county, and was in the discharge of its duties. The defendant pleaded that the general assembly, by an act approved February 17th, 1851, established the county of Vernon out of territory which before had been partly in Bates and partly in Cass counties ; that the…
2Cited by5 opinions
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- State ex rel. Maggard v. PondSupreme Court of Missouri · 1887