State ex rel. Aull v. Field
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — Hon. E. J. Bboaddus, Special Judge. (1) The act of February 14, 1893, is void because the title is simply to repeal section 43 of the act of the extra session of April 7, 1892. The second section thereof, not being embraced in terms in the title, and the enactment of the new law fixing the terms of court not having a “natural connection with” and not being “an incident or means of accomplishing” the repeal of the then existing statute,…
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Appeal from Lafayette Circuit Court. — Hon. E. J. Bboaddus, Special Judge. (1) The act of February 14, 1893, is void because the title is simply to repeal section 43 of the act of the extra session of April 7, 1892. The second section thereof, not being embraced in terms in the title, and the enactment of the new law fixing the terms of court not having a “natural connection with” and not being “an incident or means of accomplishing” the repeal of the then existing statute, is void. It is admitted that the title of an act need not embrace all of the provisions of the bill — such a requirement…
1Opinion of the CourtGantt, J.
This is a proceeding, by the prosecuting attorney of Lafayette county, against Judge Field and the clerk of the circuit court and sheriff of said county to restrain them from carrying out the provisions of “An act to repeal an act approved February 14, 1893, entitled, ‘An act to repeal section 43 of the acts of 1892 (extra session), approved April 7, 1892, entitled, “An act to redistrict the state into judicial circuits," and to fix the terms of courts therein;” ’ and to enact a new section in lieu thereof, to be known as section 43, and providing for holding two terms of court at…
2Cases cited17 opinions
- Allen v. LouisianaSupreme Court of the United States · 1881
- State ex rel. Attorney General v. MeadSupreme Court of Missouri · 1879
- Walnut v. WadeSupreme Court of the United States · 1881
- Board of Supervisors of Schuyler County v. People ex rel. Rock Island & Alton RailroadIllinois Supreme Court · 1860
- State ex rel. Police Commissioners v. County CourtSupreme Court of Missouri · 1864
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3Cited by23 opinions
- Lincoln Credit Co. v. PeachSupreme Court of Missouri · 1982
- State ex rel. Hawes v. MasonSupreme Court of Missouri · 1899
- State ex rel. Applegate v. TaylorSupreme Court of Missouri · 1909
- Herndon v. AndersonSupreme Court of Oklahoma · 1933
- Carlton v. GrimesSupreme Court of Iowa · 1946
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