State ex inf. Crow v. Fleming
Supreme Court of Missouri
Quo Warranto. (1) Municipal corporations in this country can only be created by legislative enactment. ITence it follows, that the county court of St. Louis county in declaring, by means of its so-called order of April 20, 1896, the city of Webster Groves incorporated was performing a purely ministerial or legislative function.
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Quo Warranto. (1) Municipal corporations in this country can only be created by legislative enactment. ITence it follows, that the county court of St. Louis county in declaring, by means of its so-called order of April 20, 1896, the city of Webster Groves incorporated was performing a purely ministerial or legislative function. Art.IX, sec. 7, Constitution; People v. Bennett, 29 Mich. 451; State v. Simons, 32 Minn. 540; Galesburg v. Hawkinson, 75 111. 153; State v. Mott, 48 Neb. 683; People v. Nevada, 6 Cal. 143; Cochran v. McOleary, 22 la. 75; Wood v. Henry, 55 Mo. 560; Hull v. De Armond, 46…
1Opinion of the CourtSherwood, J.
— This is an original proceeding instituted in this court by the attorney-general and the prosecuting attorney of St. Louis county, in which they inquire quo warranto William S. Fleming as mayor, and the other respondents as board of aldermen, of the pretended city of' Webster Groves, have usurped and are still usurping the powers, privileges, franchises, and prerogatives of a city of the fourth class over certain specified territory, the boundaries whereof are fully set forth in the petition.
Briefly told the history of this case is as follows: On March 26, 1896, a petition purporting to be…
2Cases cited16 opinions
- People v. Rensselaer & Saratoga Rail RoadNew York Supreme Court · 1836
- State ex rel. Lionberger v. TolleSupreme Court of Missouri · 1880
- State ex rel. Harris v. HerrmannSupreme Court of Missouri · 1882
- State ex rel. Brown v. Town of WestportSupreme Court of Missouri · 1893
- Kayser v. Trustees of BremenSupreme Court of Missouri · 1852
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3Cited by33 opinions
- May v. City of LaramieWyoming Supreme Court · 1942
- Kenefick & Hammond v. Norwich Union Fire InsuranceSupreme Court of Missouri · 1907
- State ex rel. Musser v. BirchSupreme Court of Missouri · 1905
- State ex inf. Barker v. SouthernSupreme Court of Missouri · 1915
- State ex rel. Jackson v. Town of MansfieldMissouri Court of Appeals · 1903
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