Legal Opinion

State v. Bush

Missouri Court of Appeals

Decided April 19, 1909PublishedCited by 7 opinions

Appeal from Gentry Circuit Court. — Hon. William 0. Ellison, Judge. (1) The session of the county court on July 18, 1906, when the order for the election was made, was not a legal meeting. County courts are courts of record; their acts and proceedings can only be known by their record, and cannot be proven by parol. Dennison v. St. L. Co:, 33 Mo. 168; Maupin v. Franklin Co., 67 Mo. 327; Eiley v. Pettis Co., 96 Mo. 318; Johnson Co. y. Wood, 84 Mo. 489; State ex rel. y.

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Appeal from Gentry Circuit Court. — Hon. William 0. Ellison, Judge. (1) The session of the county court on July 18, 1906, when the order for the election was made, was not a legal meeting. County courts are courts of record; their acts and proceedings can only be known by their record, and cannot be proven by parol. Dennison v. St. L. Co:, 33 Mo. 168; Maupin v. Franklin Co., 67 Mo. 327; Eiley v. Pettis Co., 96 Mo. 318; Johnson Co. y. Wood, 84 Mo. 489; State ex rel. y. Baldwin, 109 Mo. App. 579. (2) County courts may hold adjourned terms, hut such adjourned terms are mere continuations of the…

1Opinion of the CourtBkoaddus, P. J.

The defendant was indicted, tried and convicted in the Gentry Circuit Court for the illegal sale of intoxicating liquor in violation of the Local Option Law. From the judgment of conviction, he appealed.

*612The indictment averred that the Local Option Law was adopted within all that portion of Gentry county outside of the limits of the city of Stanberry, a city of more than twenty-five hundred inhabitants, and that the defendant unlawfully sold certain intoxicating liquors outside of said city limits in said county.

The State introduced in evidence a certified copy of the record of the county…

2Cases cited10 opinions

  1. State v. SearcyMissouri Court of Appeals · 1890
  2. State v. DuganSupreme Court of Missouri · 1892
  3. State v. OliphantMissouri Court of Appeals · 1908
  4. Dawson v. WaldheimMissouri Court of Appeals · 1901
  5. State v. ForemanMissouri Court of Appeals · 1906

5 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. People v. WarnerMichigan Supreme Court · 1918
  2. State v. KennettMissouri Court of Appeals · 1910
  3. State v. RobertsonMissouri Court of Appeals · 1910
  4. State v. AlfordMissouri Court of Appeals · 1910
  5. State v. ArmstrongMissouri Court of Appeals · 1910

2 more not listed; retrieve them via the Exa API.

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