State Ex Rel. Moberly Special Road District v. Burton
Supreme Court of Missouri
Appeal from Randolph Circuit Court. — Hon. A. W. Walker, Judge. (1) The return of respondents pleads a single defense, viz: That Sec. 10594, R. S. 1909, was repealed hy See. 106, p. 477, Laws of 1917; it is admitted by respondents that there is no specific repeal of Section 10594, but they assert it is repealed hy implication by Sec. 36, p. 457, Laws of 1917. (2) A repeal by implication is not favored in law, and the specific repeal of one section of a statute raises a clear…
Read the full summary
Appeal from Randolph Circuit Court. — Hon. A. W. Walker, Judge. (1) The return of respondents pleads a single defense, viz: That Sec. 10594, R. S. 1909, was repealed hy See. 106, p. 477, Laws of 1917; it is admitted by respondents that there is no specific repeal of Section 10594, but they assert it is repealed hy implication by Sec. 36, p. 457, Laws of 1917. (2) A repeal by implication is not favored in law, and the specific repeal of one section of a statute raises a clear implication that no further repeal was intended. State v. Morrow, 26 Mo. 131; State v. Jaeger, 63 Mo. 403; Manker v.…
1Opinion of the Court
On April 24, 1918, there was filed in the Circuit Court of Randolph County, Missouri, by the Moberly Special Road District of said county, a petition for mandamus against respondents, G.R. Burton, A.B. McCoy and G.P. Fullington, qualified and acting judges of the county court of said county. The petition alleges that it was the duty of said county court, at its regular May term, 1917, held on the fourth Monday in May, 1917, to fix and determine the amount of the various tax levies on all property, both real and personal, subject to state, county, school and road taxes, within the limits of…
2Cases cited6 opinions
- Houtz v. HellmanSupreme Court of Missouri · 1910
- Spears v. BondSupreme Court of Missouri · 1883
- McKenzie v. DonnellSupreme Court of Missouri · 1899
- Thorp v. MillerSupreme Court of Missouri · 1897
- Hannah v. HannahSupreme Court of Missouri · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- State Ex Rel. Monett Special Road District v. Barry CountySupreme Court of Missouri · 1924
- Rolla Special Road District v. Phelps CountySupreme Court of Missouri · 1938
- State Ex Rel. Covington v. Wabash Railway Co.Supreme Court of Missouri · 1928
- Tate v. BrownSupreme Court of Missouri · 1934