State ex rel. Edwards v. Ellison
Supreme Court of Missouri
Certiorari. (1) The local option election of 1913 wás void because ordered at a time not authorized by the statute. Ex parte Lucas, 160 Mo. 280; State ex rel. v. Patterson, 207 Mo. 146 ;.Miller v. Staggs, 181 S. W. 116; State ex rel. v. Jenkins, 43 Mo. 261. (2) When a court of inferior jurisdiction is acting under special statutory directions, such directions must be strictly observed, and. all juris-, dictional facts must affirmatively appear on the face of the record…
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Certiorari. (1) The local option election of 1913 wás void because ordered at a time not authorized by the statute. Ex parte Lucas, 160 Mo. 280; State ex rel. v. Patterson, 207 Mo. 146 ;.Miller v. Staggs, 181 S. W. 116; State ex rel. v. Jenkins, 43 Mo. 261. (2) When a court of inferior jurisdiction is acting under special statutory directions, such directions must be strictly observed, and. all juris-, dictional facts must affirmatively appear on the face of the record before such court acquires jurisdiction of the subject-matter. State v. Metzger,'26 Mo. 65; Sturgeon v. Hampton, 88 Mo. 203;…
1DissentWoodson, J.
(dissenting). — County courts are created by Section 36 of Article 6 of the Constitution and are declared to be courts of record.
That section reads: “In each county there shall be a County Court which shall be a court of record, and shall have jurisdiction to transact all county and such other business as may be prescribed by law.” ’
From this section it is seen that the County Court of Chariton County is a court of record, and has jurisdiction to transact not only the county business, but also such other business as may be prescribed by law; and it is conceded that the Legislature has…
2Cases cited8 opinions
- Johnson v. BeazleySupreme Court of Missouri · 1877
- State ex rel. Brown v. WilsonSupreme Court of Missouri · 1909
- Henry v. McKerlieSupreme Court of Missouri · 1883
- McKenzie v. DonnellSupreme Court of Missouri · 1899
- Rogers v. JohnsonSupreme Court of Missouri · 1894
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