State ex rel. Halliburton v. Roach
Supreme Court of Missouri
Mandamus. (1) The powers and duties of the Secretary of State in receiving and filing petitions as defined hy the Initiative and Referendum Act are purely ministerial. The act clearly distinguishes between the petitions- submitting a measure and the measure itself.
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Mandamus. (1) The powers and duties of the Secretary of State in receiving and filing petitions as defined hy the Initiative and Referendum Act are purely ministerial. The act clearly distinguishes between the petitions- submitting a measure and the measure itself. If the petitions are legally sufficient, that is, if they are signed by the required number of qualified voters, and are properly verified and are in substantially the form required by the act, then the Secretary of State should have performed his plain ministerial duty of accepting and filing them when they were offered to him for…
1Opinion of the Court
ON MOTION TO DISMISS.
FOX, C. J.
On July 11, 1910, Mr. Walter S. Dickey, through his attorneys, asked leave to file-a motion to dismiss this proceeding. This leave, was granted, and the motion to dismiss was, in accordance with the directions of this court, duly filed by the clerk.
We have given to this motion, as well as the suggestions in support of it, our most careful consideration. In our opinion this court has jurisdiction of this proceeding.
Counsel for Mr. Dickey urge," first, that this is a collusive or moot case and is not founded upon any real or existing controversy between the…
2Cases cited1 opinion
- Ware v. HyltonSupreme Court of the United States · 1796
3Cited by53 opinions
- Hodges v. DawdySupreme Court of Arkansas · 1912
- Buchanan v. KirkpatrickSupreme Court of Missouri · 1981
- Brown v. State Election Board of the OklahomaSupreme Court of Oklahoma · 1962
- Moore v. BrownSupreme Court of Missouri · 1942
- State ex rel. Barrett v. HitchcockSupreme Court of Missouri · 1912
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