State ex rel. Maguire v. Draper
Supreme Court of Missouri
Petition for Mandamus. The act of March 18, 1870, attempts to amend many sections of the old law, and nowhere sets forth or publishes these sections as amended. The law ought, therefore, to be declared void. (Davis v. State, 7 Md. 151-9; Langdon v. Applegate, 5 Ind. 830 ; Walker v. Caldwell, 4 La. Ann. 297; Heirs of Diiverge v. Salter & Marcy, 5 La.
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Petition for Mandamus. The act of March 18, 1870, attempts to amend many sections of the old law, and nowhere sets forth or publishes these sections as amended. The law ought, therefore, to be declared void. (Davis v. State, 7 Md. 151-9; Langdon v. Applegate, 5 Ind. 830 ; Walker v. Caldwell, 4 La. Ann. 297; Heirs of Diiverge v. Salter & Marcy, 5 La. Ann. 94; Rogers, Adm’r, v. State, 6 Ind. 31.) So, with reference to the provisions of the acts of 1865, ’66, ’67, ’68, ’69, the act of 1870 would be totally inoperative. (Cooley on Const. Lim. 151-2.) I. The power to pass a law amending or…
1Opinion of the CourtBuss, Judge
The relator, as tax collector for St. Louis county, seeks to compel the State auditor to allow,to be paid out of the State treasury,half the fees for advertising the land delinquent list for 1870, provided in the. State revenue act (section 138, page 1212, Wagn. Stat.) ; and the attorney-general, on behalf of the auditor, demurs to the petition. '
The question raised *by the demurrer pertains to the validity and legal effect of the act of March 18,1870, concerning revenue, its assessment and collection (Sess. Acts 1870, p. 114). Is the act constitutional in form, and does it supersede-and by…
2Cases cited6 opinions
- People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
- Branham v. LangeIndiana Supreme Court · 1861
- Spencer v. StateIndiana Supreme Court · 1854
- Langdon v. ApplegateIndiana Supreme Court · 1854
- State ex rel. Vastine v. McDonaldSupreme Court of Missouri · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- State ex rel. Attorney General v. MillerSupreme Court of Missouri · 1890
- State Ex Rel. McNary v. StussieSupreme Court of Missouri · 1974
- State v. BennettSupreme Court of Missouri · 1890
- State Ex Rel. McKittrick v. BairSupreme Court of Missouri · 1933
- State Ex Rel. Moseley v. LeeSupreme Court of Missouri · 1928
24 more not listed; retrieve them via the Exa API.