Legal Opinion

In Re City of Uniondale

Supreme Court of Missouri

Decided December 2, 1920PublishedCited by 14 opinions

Appeal from St. Louis Circuit Court.—Hon. John W. McElhinney, Judge. (1) By Section 36, Article VI, Constitution of Missouri, the. county court is clothed with (a) judicial power, and (b) administrative discretion. In so far as the exercise of judicial power is concerned, the circuit court has appellate jurisdiction from the judgments and orders of the county court' “in all cases not expressly prohibited by law.”

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Appeal from St. Louis Circuit Court.—Hon. John W. McElhinney, Judge. (1) By Section 36, Article VI, Constitution of Missouri, the. county court is clothed with (a) judicial power, and (b) administrative discretion. In so far as the exercise of judicial power is concerned, the circuit court has appellate jurisdiction from the judgments and orders of the county court' “in all cases not expressly prohibited by law.” R. S. 1909, secs. 3956, 4091. In so far as the exercise of administrative discretion is concerned, the circuit court has no appellate jurisdiction. St. Louis v. St. Louis, 92 Mo.…

1Opinion of the Court

On August 17, 1914, a petition was filed in the County Court of St. Louis County for an order incorporating certain territory in said county as a city of the fourth class, under the name of "Uniondale." The petition was formally presented for consideration August 28, 1914, but the court ordered that the cause be set down for hearing September 14, 1914; that at such time any person desiring to present objections to the granting of the relief prayed for be heard; and that a copy of the order be published in the St. Louis County papers. The publication was made. Thereafter certain "citizens and…

2Cases cited5 opinions

  1. State ex inf. Crow v. FlemingSupreme Court of Missouri · 1898
  2. City of St. Louis v. AllenSupreme Court of Missouri · 1850
  3. State ex rel. United Railways Co. v. WiethauptSupreme Court of Missouri · 1911
  4. State ex rel. McDermott Realty Co. v. McElhinneySupreme Court of Missouri · 1912
  5. Hall v. DeArmondMissouri Court of Appeals · 1891

3Cited by14 opinions

  1. Cherry v. City of Hayti HeightsSupreme Court of Missouri · 1978
  2. Kansas City v. RooneySupreme Court of Missouri · 1953
  3. In Re the Disincorporation of the City of KinlochSupreme Court of Missouri · 1951
  4. In re Incorporate the City of DuquesneSupreme Court of Missouri · 1959
  5. Honey Creek Drainage District v. Farm City Investment Co.Supreme Court of Missouri · 1930

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