Legal Opinion

State Ex Rel. Lashly v. Becker

Supreme Court of Missouri

Decided December 7, 1921PublishedCited by 31 opinions

Mandamus. (1) Section 7 of Article 4 of the Missouri Constitution is repealed by Section 57 of Article 4, and the redistricting by the Governor, the Secretary of State and Attorney-General is void. 8 Cyc. 749; People v. Angle, 109 N. Y. 564,17 N. E. 413; 12 Corpus Juris, 724; Board v. County, 58 Fla. 391, 50 So. 574; 36 Cyc. 1073; Pool v. Brown, 98 Mo. 675; Maxwell v. Dow, 176 U. S. 602; State ex rel. v. Hitchcock, 241 Mo. 433; State ex rel.

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Mandamus. (1) Section 7 of Article 4 of the Missouri Constitution is repealed by Section 57 of Article 4, and the redistricting by the Governor, the Secretary of State and Attorney-General is void. 8 Cyc. 749; People v. Angle, 109 N. Y. 564,17 N. E. 413; 12 Corpus Juris, 724; Board v. County, 58 Fla. 391, 50 So. 574; 36 Cyc. 1073; Pool v. Brown, 98 Mo. 675; Maxwell v. Dow, 176 U. S. 602; State ex rel. v. Hitchcock, 241 Mo. 433; State ex rel. Westhues v. Sullivan, 224 S. W. 327; Sears v. Mult-nomah Co., 49 Ore. 43; Arksansas Tax Comm. v. Moore, 103 Ark. 53; In re Interrogatories by Governor,…

1Opinion of the Court

* NOTE: — Majority opinion by GRAVES, J., and separate opinion by ELDER, J., filed December 3, 1921; motion for rehearing filed December 6th; motion overruled December 7th; dissenting opinion by DAVID E. BLAIR, J., filed December 8th; dissenting opinion by HIGBEE, J., filed December 9th; concurring opinion, in response, by JAMES T. BLAIR, C.J., filed December 16, 1921. Original case in mandamus. The relator, according to both petition and return, is duly qualified to be elected as a member of the proposed and approaching constitutional convention. He has been duly nominated for such delegate…

2Cases cited5 opinions

  1. Matter of Sherrill v. . O'BrienNew York Court of Appeals · 1907
  2. State ex rel. Halliburton v. RoachSupreme Court of Missouri · 1910
  3. State ex rel. Barrett v. HitchcockSupreme Court of Missouri · 1912
  4. State v. MountsWest Virginia Supreme Court · 1892
  5. State ex rel. Major v. PattersonSupreme Court of Missouri · 1910

3Cited by31 opinions

  1. Rathjen v. Reorganized School District R-IISupreme Court of Missouri · 1955
  2. Moore v. BrownSupreme Court of Missouri · 1942
  3. Wallace v. ZinmanCalifornia Supreme Court · 1927
  4. State Ex Rel. Baker v. GoodmanSupreme Court of Missouri · 1954
  5. State Ex Rel. Board of Fund Commissioners v. HolmanSupreme Court of Missouri · 1956

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