Legal Opinion

State ex inf. Barker v. Duncan

Supreme Court of Missouri

Decided April 2, 1915PublishedCited by 26 opinions

Quo Warranto. (1) Section 11745 to the semicolon in the seventh line is not in contravention of any constitutional provision, and is not rendered invalid by the fact that the remainder of the section is unconstitutional and void. A part of a section may be constitutional and valid, while the remainder may be unconstitutional and void.

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Quo Warranto. (1) Section 11745 to the semicolon in the seventh line is not in contravention of any constitutional provision, and is not rendered invalid by the fact that the remainder of the section is unconstitutional and void. A part of a section may be constitutional and valid, while the remainder may be unconstitutional and void. State ex inf. v. Washburn,- 167 Mo. 697; State ex rel. v. Wright, 251 Mo. 336; State ex rel. v. Gordon, 236 Mo. 171; State ex rel. v. Taylor, 224 Mo. 474; Ensworth v. Kurd, 68 Mo. 282; State ex rel. v. Warner, 197 Mo. 656; Simpson v. Iron Works, 155 S. W. 810;…

1Opinion of the CourtFaris, J.

This is an original proceeding by information in the nature of quo warranto, brought by the Attorney-General, for the purpose of determining the rights of the respondents to the several offices of collector of the revenue of Butler county and of collectors of the several townships in said county.

The matter is before us on the pleadings; such issues having been made up thereby as concede the facts upon which the ease turns. Briefly stated these- facts are as follows: At the general election held in Butler county in November, 1912, that county adopted the provisions of the statute relating to…

2Cases cited37 opinions

  1. Davis v. BurkeSupreme Court of the United States · 1900
  2. State v. BryanSupreme Court of Florida · 1905
  3. State ex inf. Hadley v. Standard Oil Co.Supreme Court of Missouri · 1909
  4. State v. BockstruckSupreme Court of Missouri · 1896
  5. State ex rel. Attorney General v. VailSupreme Court of Missouri · 1873

32 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. State Ex Rel. Malott v. Board of County CommissionersMontana Supreme Court · 1930
  2. State Ex Rel. Miller v. O'MalleySupreme Court of Missouri · 1938
  3. Wann v. Reorganized School District No. 6 of St. Francois CountySupreme Court of Missouri · 1956
  4. State Ex Inf. Norman v. EllisSupreme Court of Missouri · 1930
  5. Geneva Inv. Co. v. City of St. Louis, Mo.Court of Appeals for the Eighth Circuit · 1937

21 more not listed; retrieve them via the Exa API.

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