State ex rel. Younger v. Stratton
Supreme Court of Missouri
Appeal from Henry Circuit Court. — Hon. James H. Lay, Judge. (1) Injunction is the proper remedy for the relief sought in this action, and the suit is properly brought at the relation of the prosecuting attorney. State ex rel. v. Hughes, 104 Mo. 459; 2 High on Injunctions, sec. 1327. (2) The act is void because it does not purport to enact anything, and it can not be ascertained where the recital ends and the act begins.
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Appeal from Henry Circuit Court. — Hon. James H. Lay, Judge. (1) Injunction is the proper remedy for the relief sought in this action, and the suit is properly brought at the relation of the prosecuting attorney. State ex rel. v. Hughes, 104 Mo. 459; 2 High on Injunctions, sec. 1327. (2) The act is void because it does not purport to enact anything, and it can not be ascertained where the recital ends and the act begins. (3) Under our constitution an act must be either general or special, and there is no authority for blending general and local legislation in the same act. (4) A law.…
1Opinion of the CourtGantt, J.
The general assembly of Missouri by an act approved by thé governor on the sixteenth day of March, 1895 (Laws 1895, p. 144), provided for *426holding two terms of the circuit court of Cedar county at El Dorado Springs in said county, and for the selection of a court room by the circuit judge; also for keeping a copy of the records at said city. Judge Stratton and the circuit clerk and sheriff of said county were preparing to provide for holding said courts when the prosecuting attorney of said county obtained a preliminary injunction restraining them from proceeding further. Upon a final hearing…
2Cases cited7 opinions
- State ex rel. Reid v. WalbridgeSupreme Court of Missouri · 1894
- State v. OrrickSupreme Court of Missouri · 1891
- Manker v. FaulhaberSupreme Court of Missouri · 1887
- State ex rel. Donham v. YancySupreme Court of Missouri · 1894
- State ex rel. Aull v. FieldSupreme Court of Missouri · 1894
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3Cited by5 opinions
- State Ex Rel. Boyd v. RutledgeSupreme Court of Missouri · 1929
- State Ex Rel. Peck Co. v. BrownSupreme Court of Missouri · 1937
- State ex rel. Folk v. SpencerSupreme Court of Missouri · 1901
- Anderson v. Norvell-Shapleigh Hardware Co.Missouri Court of Appeals · 1908
- State ex rel. Holladay v. RinkeMissouri Court of Appeals · 1909