(DOWNLOAD) "State Ex Rel. Blaine Lack v. Ralph Melton" by En Banc Supreme Court of Missouri ~ Book PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Blaine Lack v. Ralph Melton
- Author : En Banc Supreme Court of Missouri
- Release Date : January 25, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
This appeal involves consolidated cases arising out of Dade County, Missouri. In case one the trial court issued a writ of mandamus ordering members of the Dade County Commission, formerly the Dade County Court, to pay the salary of an employee of the Dade County Assessor's office. In case two the trial court permanently enjoined the use of county funds to compensate the attorney representing the county commission in case one. The Missouri Court of Appeals, Southern District, consolidated the cases and transferred them to this Court to construe revenue laws. Mo. Const. art. V, § 3 (1982). We affirm the writ of mandamus and reverse the injunction. We initially note that exclusive appellate jurisdiction does not properly lie in this Court. We have that jurisdiction in all cases involving the construction of revenue laws of this state. Id. The construction of a revenue law must itself be in issue. Cf. City of Willow Springs v. Missouri State Librarian, 596 S.W.2d 441 (Mo. banc 1980). This includes laws relating to the disbursement and preservation of revenue. State ex rel. Niess v. Junkins, 563 S.W.2d 173, 177 (Mo.App. 1978). To fall within our exclusive jurisdiction the revenue law must be directly and primarily involved. Robb v. Estate of Brown, 518 S.W.2d 729, 732 (Mo.App. 1974).
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