State ex rel. Holladay v. Rinke
Missouri Court of Appeals
Mandamus. (1) The county court being a court of limited jurisdiction, it must appear that all the elements necessary to give jurisdiction exist at the time the court acts.
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Mandamus. (1) The county court being a court of limited jurisdiction, it must appear that all the elements necessary to give jurisdiction exist at the time the court acts. The power of the court to order a local option election throughout St. Francois county depended on two things: First, a petition signed by one-tenth of the qualified voters of St. Francois county, and, second, that there was not an incorporated city or town with twenty-five hundred inhabitants or more within said county. Ziebold v. Forster, 118 Mb. 349; Corri-gan v. Morris, 43 Mo. App. 456; Maupin v. Franklin Co., 67 Mo.…
1Opinion of the CourtReynolds, P. J.
This case was entitled, when filed, State ex rel. James W. Halladay v. A. H. Mitchell et al. As the questions involved in it necessitate reference to the case of State ex rel. Retornez v. Mitchell et al., not officially reported, but in 115 S. W. 1098, we use in the title of this the name of another of the defendants to avoid confusion between the two cases.
It is a proceeding by mandamus to compel defendant Rinke, alleged to be mayor, and the other defendants alleged to be councilmen of the putative city of Flat River, to issue to relator a license as dram-shop keeper in Flat River. An…
2Cases cited8 opinions
- State ex rel. Reid v. WalbridgeSupreme Court of Missouri · 1894
- State v. SearcyMissouri Court of Appeals · 1890
- Pacific Railroad v. Cass CountySupreme Court of Missouri · 1873
- Kansas City v. SmartSupreme Court of Missouri · 1895
- State v. DuganSupreme Court of Missouri · 1892
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3Cited by1 opinion
- State v. EdwardsMissouri Court of Appeals · 1916