State ex rel. Perry v. Clark
Supreme Court of Missouri
Petition for■ Mandamus. I. Tlie two acts are in pari materia, and passed at the same session of the legislature, and approved within two days of each other, and ought to be construed together. I. On the 20th of March, 1873, the convict labor belonged to the State, and the 3rd and 1th Sections of the act of that date show, that the convict labor authorized by that act was in addition to the $10,000 appropriation, and not intended to come out of it. II.
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Petition for■ Mandamus. I. Tlie two acts are in pari materia, and passed at the same session of the legislature, and approved within two days of each other, and ought to be construed together. I. On the 20th of March, 1873, the convict labor belonged to the State, and the 3rd and 1th Sections of the act of that date show, that the convict labor authorized by that act was in addition to the $10,000 appropriation, and not intended to come out of it. II. Section 8 of the Act of March, 22nd, 1873, provides, that all personal property, belonging to the State in and about the penitentiary, shall be…
1Opinion of the CourtWagner, Judge
This is an application on the part of the relators, asking for a peremptory writ to require the auditor to draw his warrant in their favor for the sum of three thousand three hundred and twenty-one dollars and seventy-five cents, being the amount claimed for convict labor furnished by them for work on the fencing of the Capitol ground.
The return denies, that plaintiffs are entitled to a warrant under the law, and also sets up the additional defense, that the relators are indebted to the State' and therefore should not have the warrant drawn in their favor.
In regard to this latter defense,…
2Cited by9 opinions
- State v. GerhardtIndiana Supreme Court · 1896
- City Council v. National Building & Loan Ass'nSupreme Court of Alabama · 1895
- Hull v. BaumannSupreme Court of Missouri · 1939
- State Ex Rel. Karbe v. BaderSupreme Court of Missouri · 1934
- Gasconade County v. GordonSupreme Court of Missouri · 1912
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