State ex inf. Mytton v. Borden
Supreme Court of Missouri
Appeal from Bucbanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The answer and return of the appellants state that the city of St. Joseph is a city of more than 100,000 inhabitants and less than 150,000 inhabitants, and the court will take judicial notice of the population of the city; and the return also states that the city of St. Joseph is a city of the second class. The demurrer, of course, admits the truth of all of the allegations of the answer and return.
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Appeal from Bucbanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The answer and return of the appellants state that the city of St. Joseph is a city of more than 100,000 inhabitants and less than 150,000 inhabitants, and the court will take judicial notice of the population of the city; and the return also states that the city of St. Joseph is a city of the second class. The demurrer, of course, admits the truth of all of the allegations of the answer and return. (2) The act above recited does not confer any new powers upon the cities for which it was enacted, neither does it put any…
1Opinion of the CourtBrace, J.
— This is a suit in the nature of a quo warranto by the prosecuting attorney of Buchanan county, to oust the defendants from the office of board of public works of the city of St. Joseph, in which a demurrer to their return to the writ was sustained by the circuit court, and from the judgment thereon this appeal is prosecuted. The defendants claim right to the office by virtue of an election held in pursuance of an act of the General Assembly, “approved March 14, 1901,” which is as follows:
“An act creating a board of public works in cities of 100,000 and less than 150,000 inhabitants,…
2Cited by6 opinions
- State Ex Inf. North Todd Gentry v. CurtisSupreme Court of Missouri · 1928
- Inter-City Fire Protection District v. GambrelSupreme Court of Missouri · 1950
- Sales v. Barber Asphalt Paving Co.Supreme Court of Missouri · 1902
- State v. McKeeMissouri Court of Appeals · 1907
- State Ex Rel. Department of Penal Institutions v. BeckerSupreme Court of Missouri · 1932
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