Legal Opinion

Dagley v. McIndoe

Missouri Court of Appeals

Decided May 18, 1915PublishedCited by 8 opinions

Appeal from Jasper County Circuit Court, Division Number Two. — Eon. David E. Blair, Judg’e. (1) The motion for judgment on the pleadings was in effect a demurrer to the answer. State ex rel. v. Adams, 161 Mo. 349; Bank v. Stone, 93 Mo. App. 292; State ex rel. v. Delmar Jockey Club, 200 Mo. 63. (2) Where there is a limitation in respect of the filing of a petition snch limitation operates against the withdrawal of signers just as it does against further petitioners.

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Appeal from Jasper County Circuit Court, Division Number Two. — Eon. David E. Blair, Judg’e. (1) The motion for judgment on the pleadings was in effect a demurrer to the answer. State ex rel. v. Adams, 161 Mo. 349; Bank v. Stone, 93 Mo. App. 292; State ex rel. v. Delmar Jockey Club, 200 Mo. 63. (2) Where there is a limitation in respect of the filing of a petition snch limitation operates against the withdrawal of signers just as it does against further petitioners. Sedalia v. Montgomery, 227 Mo. 1; State ex rel. v. Gregory, 127 N. W. 733; State v. Gerhardt, 44 N. E. 469, 33 L. R. A. 313;…

1Opinion of the CourtFarrington, J.

-Appellants herein filed a petition for a writ of mandamus against the mayor, city council, and city clerk, seeking to force the city council of the city of Joplin to pass an ordinance fixing a license tax on plumbers, or to call a special election for the purpose of passing such an ordinance by a vote of the people on the initiative plan provided for in the charter for cities of the second class operating under what is known as the commission form of government. [See Sec. 29, p. 443, Sess. Laws 1913, “Ordinance by Initiative. ’ ’]

The issuance of an alternative writ of mandamus was waived,…

2Cases cited9 opinions

  1. La Londe v. Board of SupervisorsWisconsin Supreme Court · 1891
  2. Sauntman v. MaxwellIndiana Supreme Court · 1899
  3. City of Sedalia ex rel. Gilsonite Construction Co. v. MontgomerySupreme Court of Missouri · 1910
  4. People Ex Rel. Irwin v. . SawyerNew York Court of Appeals · 1873
  5. City of Sedalia ex rel. Gilsonite Construction Co. v. MontgomeryMissouri Court of Appeals · 1904

4 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. State Ex Rel. Voss v. DavisSupreme Court of Missouri · 1967
  2. Halgren v. Welling, SEC. of StateUtah Supreme Court · 1936
  3. In Re Initiative Petition No. 2Supreme Court of Oklahoma · 1935
  4. State Ex Rel. Blackwell v. TraversMissouri Court of Appeals · 1980
  5. Fleming v. FonesMissouri Court of Appeals · 1936

3 more not listed; retrieve them via the Exa API.

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