Calvert v. Bates
Missouri Court of Appeals
Error to the Adair Circuit Court. — Hon. Andrew Ellison, Judge. (1) The court should have sustained the demarre!. The defendants were only charged with circulating a petition to be presented to the district clerk, asking him to give the notice required by law that a proposition would be submitted to be voted on at thé annual school meeting to divide the district by cutting off the strip as charged in the petition.
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Error to the Adair Circuit Court. — Hon. Andrew Ellison, Judge. (1) The court should have sustained the demarre!. The defendants were only charged with circulating a petition to be presented to the district clerk, asking him to give the notice required by law that a proposition would be submitted to be voted on at thé annual school meeting to divide the district by cutting off the strip as charged in the petition. They were only petitioners in this instance, and their right to petition cannot be disputed. See Bill of Rights, Const., •sec. 29. The petition does not state facts sufficient to…
1Opinion of the CourtSmith, P. J.
The petition alleges that the plaintiffs were legal voters and taxpaying citizens in school district number 5, township 61, and range 14, in Adair county; that said district contained seven and a half square miles; that the defendants, eleven in number, in March, 1888, signed a petition addressed to the clerk of said school district, praying him to give notice that at the next annual meeting a proposition would be submitted to change the boundary lines of said district so as to cut off a strip on the south side of said district, a half mile wide by two and a half miles long; that said strip…
2Cases cited8 opinions
- State Savings Bank v. KerchevalSupreme Court of Missouri · 1877
- Damschroeder v. ThiasSupreme Court of Missouri · 1872
- Dennison v. City of KansasSupreme Court of Missouri · 1888
- Goodson v. Wabash, St. Louis & Pacific Railway Co.Missouri Court of Appeals · 1886
- Bank of Tipton v. DavidsonMissouri Court of Appeals · 1890
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3Cited by3 opinions
- State v. Pretended Consolidated School District Number OneSupreme Court of Missouri · 1949
- Aultman & Taylor Co. v. SmithMissouri Court of Appeals · 1893
- State ex inf. Taylor v. Pretended Consolidated School District No. 3Supreme Court of Missouri · 1951