Legal Opinion

Southworth v. Mayor of Glasgow

Supreme Court of Missouri

Decided December 31, 1910PublishedCited by 14 opinions

Appeal from Howard Circuit Court.— lion. A. E. Waller, Judge. (1) Section 6276, R. S. 1899, provides that not less than fifteen days’ previous notice shall be given by publication in some newspaper published in such city or town. There was only one publication of notice of the election in this case, -which was published in a weekly paper. One publication of such notice was not sufficient. Stine v. Wilkson, 10 Mo. 66. This decision has never been overruled or criticised.

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Appeal from Howard Circuit Court.— lion. A. E. Waller, Judge. (1) Section 6276, R. S. 1899, provides that not less than fifteen days’ previous notice shall be given by publication in some newspaper published in such city or town. There was only one publication of notice of the election in this case, -which was published in a weekly paper. One publication of such notice was not sufficient. Stine v. Wilkson, 10 Mo. 66. This decision has never been overruled or criticised. It is cited by the Supreme Court in Patterson v. Fagan, 38 Mo. 80, and in German Bank v. Stumpf, 73 Mo. 315. It is the…

1Opinion of the CourtGraves, J.

Plaintiffs are resident taxpaying citizens of the city of Glasgow, Missouri, a city yet existing under an old special charter granted by the Legislature, and subsequently amended by subsequent acts of the same body. Defendants are the mayor and secretary of said city, the city of Glasgow in its corporate capacity, and the State Auditor.

The purpose of the suit is to restrain by writ of injunction the issuance and registration of $30,000' of municipal bonds for three separate municipal purposes alleged to have been voted by the voters of said city at a special election held on October 18, 1909.…

2Cases cited15 opinions

  1. Johnson v. DorseyCourt of Appeals of Maryland · 1848
  2. State ex rel. Town of Canton v. AllenSupreme Court of Missouri · 1903
  3. Kellogg v. CarricoSupreme Court of Missouri · 1870
  4. German Bank v. StumpfSupreme Court of Missouri · 1880
  5. Stine v. WilksonSupreme Court of Missouri · 1846

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3Cited by14 opinions

  1. Hatfield v. City of CovingtonCourt of Appeals of Kentucky · 1917
  2. State Ex Rel. City of Berkeley v. HolmesSupreme Court of Missouri · 1949
  3. Henritzy v. Harrison CountyMississippi Supreme Court · 1938
  4. State Ex Inf. Attorney-General v. MaitlandSupreme Court of Missouri · 1922
  5. Hoffman v. BighamSupreme Court of Missouri · 1930

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