Opinion

State Ex Rel. LeFevre v. Stubbs

  • 642 S.W.2d 103
Court
Supreme Court of Missouri
Filed
Dec 3, 1982
Status
Published
Author
Donnelly
On the bench
Seiler, Rendlen, Higgins, Gunn, Finch, Donnelly, Welliver
Cited by
24 cases
Authority
More cited than 8.3%

rules of liberal construction apply to remedial statutes “provided such interpretation is not inconsistent with the language used ... resolving all reasonable doubts in favor of applicability of the statute to the particular case”

How later courts described this case

  • rules of liberal construction apply to remedial statutes “provided such interpretation is not inconsistent with the language used ... resolving all reasonable doubts in favor of applicability of the statute to the particular case”
  • "All doubt will be resolved in favor of the right to redeem.”

Written by the judges who cited it.

Distinguished

  • Distinguished by Metro Auto Auction v. Director of Revenue, 1986 Mo. LEXIS 267 (1986)

    Id. at 106. LeFevre is distinguishable because in section 407.536 there are no ambiguous words for this Court to interpret.
    Supreme Court of MissouriMar 25, 1986Read it

The opinion

DONNELLY, Chief Justice,

concurring in result.

This is prohibition.

In my view, a determination of equities and windfalls is inappropriate in prohibition. Cf. State ex rel. Smith v. Greene, 494 S.W.2d 55, 61 (Mo. banc 1973) (Donnelly, J., dissenting).

I concur only in the result.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.