Rousey v. Wood
Missouri Court of Appeals
Appeal from the Be Kalb Circuit Court. — Hon. Wm. S. Herndon, Judge. (1) Nothing is taken by intendment in favor of the jurisdiction of inferior tribunals. The said petition of H. W. Haynes etal., and said order of the county court, were incompetent' evidence in this case.
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Appeal from the Be Kalb Circuit Court. — Hon. Wm. S. Herndon, Judge. (1) Nothing is taken by intendment in favor of the jurisdiction of inferior tribunals. The said petition of H. W. Haynes etal., and said order of the county court, were incompetent' evidence in this case. Jefferson County v. Cowen, 54 Mo. 238; Smith v.Howarth, 53Mo. 89; Schell v. Leland,45 Mo. 289; Howard v. Heck, 88 Mo. 46-1. (2) The court erred in admitting in evidence the following, viz.: The casting up of the votes for and against township organization at the general election in November, 1880, as certified to by George…
1Opinion of the CourtSmith, P. J.
This case was here by appeal on two former occasions and is reported in 47 Mo. App. 471, and in 57 Mo. App. 650, where a full statement of it will be found. No further statement is needed to understand the questions which we shall presently consider. The principal question which we are now called upon to decide is whether the evidence adduced shows that the township organization law was adopted in De Kalb county. According to -the construction of an analogous statute in the local option cases, most of which were cited in the last preceding opinion in this case, it would seem that a certified…
2Cases cited14 opinions
- State v. SearcyMissouri Court of Appeals · 1890
- Snoddy v. County of PettisSupreme Court of Missouri · 1870
- State ex rel. Read v. WeatherbySupreme Court of Missouri · 1869
- State v. SearcyMissouri Court of Appeals · 1891
- Stevenson v. EdwardsSupreme Court of Missouri · 1889
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3Cited by1 opinion
- State Ex Inf. Barrett v. ImhoffSupreme Court of Missouri · 1922