State ex rel. Kelly v. Hackmann
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Hon. J. G. Slate, Judge. (1) Courts reluctantly declare unconstitutional any legislative enactment.
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Appeal from Cole Circuit Court. — Hon. J. G. Slate, Judge. (1) Courts reluctantly declare unconstitutional any legislative enactment. State ex rel. v. Gordon, 245 Mo. 35; State v. Smith., 233 Mo. 2-64; State v. Railway, 242 Mo. 354. (2) The contention of the State Auditor that all the moneys in the Capitol Building Fund constitute a trust fund for the construction of the Capitol, the furnishing and equipment thereof, and that a warrant against the same cannot be drawn in favor of relators, and .that attempt to do so would constitute an illegal diversion of the fund, is without merit. Church…
1Opinion of the Court
GOODE, Special Judge
An alternative writ of mandamus was issued June 12,1917, by the judge of the circuit court of Cole County, commanding the respondent, as State Auditor, to sign and deliver to the relators, Kelly & Kelly, a warrant for twenty thousand dollars upon the Capitol Building Fund of the State, or to show cause in term time, for refusing. The writ was granted upon.a petition containing these averments: The petitioners were partners under the style of Kelly & Kelly; the sum of twenty thousand dollars was appropriated to them out of the Capitol Building Fund by the General Assembly…
2Cases cited17 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Whiteside v. United StatesSupreme Court of the United States · 1876
- Stevenson v. ColganCalifornia Supreme Court · 1891
- Northern Pacific Railway Co. v. North Dakota Ex Rel. McCueSupreme Court of the United States · 1910
- Mayor, Etc., of N.Y. v. . SandsNew York Court of Appeals · 1887
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3Cited by4 opinions
- State Ex Inf. McKittrick v. Southwestern Bell Telephone Co.Supreme Court of Missouri · 1936
- State Ex Rel. Armontrout v. SmithSupreme Court of Missouri · 1944
- City Trust Co. v. CrockettSupreme Court of Missouri · 1925
- State ex rel. Bradshaw v. HackmannSupreme Court of Missouri · 1919