State ex rel. Perkins v. Long
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Now. Alonzo I). Burnes, Judge. (1)' Tlae demurrer and motion for judgment on the return should have been sustained. The court erred in overruling them, because: (a) The return fails to show that a proper petition was presented. Laws 1913, p. 722. (b) The return fails to show that a meeting was held in the proposed district, or where it was held, (c) The return fails to show that a meeting was held pursuant to such notices.
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Appeal from Clinton Circuit Court. — Now. Alonzo I). Burnes, Judge. (1)' Tlae demurrer and motion for judgment on the return should have been sustained. The court erred in overruling them, because: (a) The return fails to show that a proper petition was presented. Laws 1913, p. 722. (b) The return fails to show that a meeting was held in the proposed district, or where it was held, (c) The return fails to show that a meeting was held pursuant to such notices. State v. Potter, 191 S. W. 57. (b) The return fails to show that such meeting or any meeting was called to order under the supervision…
1Opinion of the CourtWalker, J.
This is a proceeding by information in the nature of quo warranto, to determine the right of respondents to exercise the duties of school directors. A return was filed by respondents to the information, to which the appellants demurred. This demurrer was overruled. Appellants refused to plead further, and on motion for judgment on the pleadings by the respondents, appellants’ bill was dismissed, from which judgment an appeal was perfected to the Kansas City Court of Appeals. On motion of respondents, the case was transferred to this court for final determination, on the ground that a…
2Cases cited12 opinions
- State ex rel. Title Guaranty & Trust Co. v. BroaddusSupreme Court of Missouri · 1908
- Sidway v. Missouri Land & Live Stock Co.Supreme Court of Missouri · 1901
- Lee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- Baird v. Citizens' Railway Co.Supreme Court of Missouri · 1898
- Lynch v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Stephens v. Kansas City Gas CompanySupreme Court of Missouri · 1946
- State Ex Rel. Clay Equipment Corp. v. JensenSupreme Court of Missouri · 1963
- State Ex Rel. Burger v. TrimbleSupreme Court of Missouri · 1932
- State v. MattinglyMissouri Court of Appeals · 1955
- Meloy v. Reorganized School District R-1 of Reynolds CountyMissouri Court of Appeals · 1982
5 more not listed; retrieve them via the Exa API.