State ex rel. Robbins v. County Court
Supreme Court of Missouri
Appeal from New Madrid Circuit Court. The act (see Sess. Acts 1868, p. 263) is unconstitutional. If 'section 27 o£ article it. of our constitution means anything, this act must fall. The words “ the general assembly shall pass no special law for any case for which provision can be made by a general law, * * * for all cases where a general law can be made applicable,” are clear and explicit.
Read the full summary
Appeal from New Madrid Circuit Court. The act (see Sess. Acts 1868, p. 263) is unconstitutional. If 'section 27 o£ article it. of our constitution means anything, this act must fall. The words “ the general assembly shall pass no special law for any case for which provision can be made by a general law, * * * for all cases where a general law can be made applicable,” are clear and explicit. The act of 1868 relates to “particular localities,” and because it applies to “certain specified” counties, is not “ coextensive with the State,” and its influence is not “felt in every county,” according…
1Opinion of the CourtBliss, Judge
The relator recovered judgment against the county of New Madrid for some $10,000, and sued out an alternative writ of mandamus showing the judgment, charging that he had applied to respondents to levy a tax to satisfy it, which they refused to do, and asking for a peremptory writ to compel them to provide by the necessary taxation for the means of satisfying the same. The answer set forth two reasons why the writ should not issue : 1st, that the county possessed a large amount of swamp lands, subject to sale upon execution, and therefore the relator had another remedy; 2d, that the County…
2Cases cited7 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Gentile v. StateIndiana Supreme Court · 1868
- State ex rel. Henderson v. County CourtSupreme Court of Missouri · 1872
- Ex parte PritzSupreme Court of Iowa · 1859
- Thomas v. Board of CommissionersIndiana Supreme Court · 1854
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State ex rel. City of Terre Haute v. KolsemIndiana Supreme Court · 1891
- Butler v. City of LewistonIdaho Supreme Court · 1905
- Carpenter v. People ex rel. TilfordSupreme Court of Colorado · 1884
- Simpson v. Stoddard CountySupreme Court of Missouri · 1903
- State Ex Rel. Smith v. BrownSupreme Court of Oklahoma · 1909
10 more not listed; retrieve them via the Exa API.