Legal Opinion

Franklin v. Hume Consolidated School District

Supreme Court of Missouri

Decided July 16, 1917PublishedCited by 4 opinions

Appeal from Bates Circuit Court. — Eon. C. A. Galvird, Judge. „ (1) The court erred in receiving evidence over plaintiff’s objection tending to show that Joe Thorn, who voted at the election in question, was not a legal voter, (a) Because there was no evidence even tending to show that he voted “against the loan.”

Read the full summary

Appeal from Bates Circuit Court. — Eon. C. A. Galvird, Judge. „ (1) The court erred in receiving evidence over plaintiff’s objection tending to show that Joe Thorn, who voted at the election in question, was not a legal voter, (a) Because there was no evidence even tending to show that he voted “against the loan.” (b) Because no question was ever raised by the officers of the election as to his qualifications as a voter, and his vote had been received, counted and certified by the officers of the election. (2) The court erred, in holding that the evidence showing the publication of the result…

1Opinion of the Court

ROY, C.

This is a proceeding to invalidate certain school bonds. There was a judgment for - defendants, and the plaintiff has appealed.

On April 4, 1916, a proposition to issue $20,000 in bonds of the above-named school district for building purposes was legally submitted at the annual school election. There were 214 ballots cast at this election, of which 204 voted on said proposition, 136 being in favor of same. The judges first counted 69 votes against the proposition and announced that the proposition was lost, such result being subsequently published in the local paper. On the same day,…

2Cases cited4 opinions

  1. Montgomery County Fiscal Court v. TrimbleCourt of Appeals of Kentucky · 1898
  2. City of St. Louis v. G. H. Wright Contracting Co.Supreme Court of Missouri · 1908
  3. Hehl v. GuionSupreme Court of Missouri · 1900
  4. Board of Education v. City of WinchesterCourt of Appeals of Kentucky · 1905

3Cited by4 opinions

  1. Allen West Commission Co. v. RichterSupreme Court of Missouri · 1921
  2. State Ex Rel. Kellett v. JohnsonSupreme Court of Missouri · 1932
  3. State Ex Rel. Consolidated School District No. 3 v. SmithSupreme Court of Missouri · 1937
  4. State Ex Inf. Ewing v. Sheridan Consolidated School DistrictSupreme Court of Missouri · 1925

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API