State ex rel. Wayne County v. Hackman
Supreme Court of Missouri
Mandamus. (1) Where there is an express repeal of an existing statute, and a re-enactment of it at the same time, or a repeal and a re-enactment of a portion of it, the reenactment neutralizes the repeal so far as the old law is continued in force. It operates without interruption when the re-enactment takes effect at the same time. 1 Lewis’s Sutherland on Stat. Const.
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Mandamus. (1) Where there is an express repeal of an existing statute, and a re-enactment of it at the same time, or a repeal and a re-enactment of a portion of it, the reenactment neutralizes the repeal so far as the old law is continued in force. It operates without interruption when the re-enactment takes effect at the same time. 1 Lewis’s Sutherland on Stat. Const. (2 Ed.), sec. 238; 36 Cyc. 1083; Brown v. Marshall, 241 Mo. 728; State ex rel. v. Mason, 153 Mo. 58; State ex rel. v. County Court, 53 Mo. 129; Smith v. People, 47 N. Y. 335-342; Moore v. Kenockee Twp., 4 L. R. A. (Mich.) 555;…
1Opinion of the CourtWalker, J.
This is a proceeding in mandamus to require the respondent as State Auditor to register an issue of two-hundred thousand dollars refunding bonds of Wayne County.
These bonds were issued under the provisions of Section 1249, Revised Statutes 1909, authorizing the funding of bonded or judgment indebtedness. The original bonds had been issued by virtue of Sections 10520 to 10525, Revised Statutes 1909, which grant the power and define the method to be pursued by the people of a county and their administrative agent,- the county court, in the issuance of bonds for the improvement of public roads.…
2Cases cited5 opinions
- Day v. MaddenColorado Court of Appeals · 1897
- City of St. Louis v. KellmanSupreme Court of Missouri · 1911
- State ex rel. Stone v. County Court of VernonSupreme Court of Missouri · 1873
- State ex rel. Proctor v. WalkerSupreme Court of Missouri · 1906
- Rogers v. Pacific RailroadSupreme Court of Missouri · 1864
3Cited by18 opinions
- Commerce Trust Company v. WeedSupreme Court of Missouri · 1958
- City of Kirkwood v. AllenSupreme Court of Missouri · 1966
- Darrah v. FosterSupreme Court of Missouri · 1962
- Hazzard v. AlexanderSuperior Court of Delaware · 1934
- State Ex Rel. McKittrick v. BairSupreme Court of Missouri · 1933
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