Legal Opinion

Lackland v. Walker

Supreme Court of Missouri

Decided June 30, 1899PublishedCited by 56 opinions

Appeal from St. Louis City Circuit Court. — Hon. Leroy B. * Yalliant, Judge. (1) The legislative power of tbe General Assembly of 1859, was bounded only by the provisions of the Constitution of the United States and of the State of Missouri. Special legislation was not prohibited.

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Appeal from St. Louis City Circuit Court. — Hon. Leroy B. * Yalliant, Judge. (1) The legislative power of tbe General Assembly of 1859, was bounded only by the provisions of the Constitution of the United States and of the State of Missouri. Special legislation was not prohibited. The act of the General Assembly approved March 14th, 1859, passed at the request of and for. the benefit of Henry Sha.w, accepted by him, constituted a “contract” between the state and Henry Shaw, and a “contract” between the state and the trustees under Henry Shaw’s will. The decree of the circuit court impairs the…

1Opinion of the Court

OPINION.

L. O. KRAUTHOEE,

Special Judge, after stating the facts as above, delivered the opinion of the court:

I. It is indisputable, and, indeed, it is conceded, that:(a) Henry Shaw’s devise of property to constitute “a Botanical Garden, with a museum and library connected therewith,” so as to provide “for the use of the public a Botanical Garden easily accessible, which (shall) be forever *241kept up aud maintained for the cultivation and propagation of plants, flowers, fruit and forest trees, and other productions of the vegetable kingdom, .and a museum and library connected therewith and devoted…

2Cases cited31 opinions

  1. Late Corp. of the Church of Jesus Christ of Latter-Day Saints v. United StatesSupreme Court of the United States · 1890
  2. Ould v. Washington Hospital for FoundlingsSupreme Court of the United States · 1877
  3. Russell v. AllenSupreme Court of the United States · 1883
  4. Stanley v. ColtSupreme Court of the United States · 1867
  5. Hopkins v. GrimshawSupreme Court of the United States · 1897

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3Cited by56 opinions

  1. Richards v. WilsonIndiana Supreme Court · 1916
  2. Dickey v. VolkerSupreme Court of Missouri · 1928
  3. Hadley v. ForseeSupreme Court of Missouri · 1907
  4. Burrier v. JonesSupreme Court of Missouri · 1936
  5. Lovelace v. Marion InstituteSupreme Court of Alabama · 1926

51 more not listed; retrieve them via the Exa API.

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