State ex inf. Simrall v. Clardy
Supreme Court of Missouri
Appeal from Clay Circuit Court. — Ron. Frank P. Divelbiss, Judge. (1) The fact that a city, town or other community has become incorporated by performing the conditions and complying with the statutory requirements prescribed by a general law must be proved. 1 Jones on Evidence, sec. 115, p. 550; Hamilton v. Carthage, 24 111. 22-23. Upon a direct proceeding by quo warranto or otherwise to test the validity of the organization of a municipal incorporation, it is necessary to…
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Appeal from Clay Circuit Court. — Ron. Frank P. Divelbiss, Judge. (1) The fact that a city, town or other community has become incorporated by performing the conditions and complying with the statutory requirements prescribed by a general law must be proved. 1 Jones on Evidence, sec. 115, p. 550; Hamilton v. Carthage, 24 111. 22-23. Upon a direct proceeding by quo warranto or otherwise to test the validity of the organization of a municipal incorporation, it is necessary to show the manner of the organization under the charter, or that all of its requirements have been complied with. State v.…
1Opinion of the Court
RAILEY, C.
This is an information in the nature
•of quo warranto, exhibited by the prosecuting attorney of Clay County, Missouri, at the relation of Benjamin M. Clements, John Pilger and Philip Klamm as the *374board of directors of School .District Number Four in Clay County, against George Clardy, Ernest Capps, John Filger, John M. Blevins, James Allen and Lee "Williams, assuming to act as the board of trustees of an alleged consolidated school district styled “Consolidated School District Number One of Clay county, Missouri. ’ ’ Its purpose is to test the validity of the organization of the…
2Cited by12 opinions
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- State Ex Inf. Gentry v. MeekerSupreme Court of Missouri · 1927
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