State ex rel. Brown v. Town of Westport
Supreme Court of Missouri
Quo Warranto. (1) In order for a town to become a city of the fourth class, the first step to be taken required by the statute, is that the corporate authorities of the town shall elect to become a eity of the fourth class bypassing an ordinance or proposition to that effect. 1 Dillon on Municipal Corporations [4 Ed. ], 270. The ordinance in this case merely called for the sentiments of the people on the subject of becoming a city of the fourth class and it therefore lacked…
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Quo Warranto. (1) In order for a town to become a city of the fourth class, the first step to be taken required by the statute, is that the corporate authorities of the town shall elect to become a eity of the fourth class bypassing an ordinance or proposition to that effect. 1 Dillon on Municipal Corporations [4 Ed. ], 270. The ordinance in this case merely called for the sentiments of the people on the subject of becoming a city of the fourth class and it therefore lacked the corporate action required by the statute. Whitney v. City, 58 Conn. 459; Keely v. Kennard, 60 N. H. 1; Dillon on…
1Opinion of the CourtBijkgess, J.
This is a proceeding in the nature of a quo warranto. The petition is in two counts. The first count charges that the city of Westport and the defendant aldermen are unlawfully exercising the functions of a city of the fourth class; that the. town of Westport was incorporated under an act of the legislature passed in 1857 (see Acts of 1857, page 365), and that such town has not become a city of the fourth class in the manner provided by the statutes to accomplish that end. The second count of the information *588■or petition charges that the mayor and aldermen of said city, without the consent of…
2Cases cited19 opinions
- People v. MaynardMichigan Supreme Court · 1867
- Attorney General ex rel. Cook v. City of DetroitMichigan Supreme Court · 1872
- State v. LeathermanSupreme Court of Arkansas · 1881
- State ex rel. Woodson v. BrassfieldSupreme Court of Missouri · 1878
- Warren v. Barber Asphalt Paving Co.Supreme Court of Missouri · 1893
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3Cited by40 opinions
- State Upon the Information of Shartel v. Missouri Utilities Co.Supreme Court of Missouri · 1932
- State ex rel. Major v. Arkansas Lumber Co.Supreme Court of Missouri · 1914
- State ex rel. Town of Canton v. AllenSupreme Court of Missouri · 1903
- State ex inf. Crow v. FlemingSupreme Court of Missouri · 1898
- State Ex Rel. McKittrick v. American Colony InsuranceSupreme Court of Missouri · 1935
35 more not listed; retrieve them via the Exa API.