State v. Smith
Missouri Court of Appeals
Appeal from the Bates Circuit Court. — How. D. A. DeArmond, Judge. (1) . The county court was not the general agent of the county; its powers are limited, and, if it exceeded its authority, its acts were void. Sturgeon v. Hampton, 88 Mo. 203. (2) The county court had no jurisdiction to order anything not called for in the petition. Turner v. Bondalier, 31 Mo.
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Appeal from the Bates Circuit Court. — How. D. A. DeArmond, Judge. (1) . The county court was not the general agent of the county; its powers are limited, and, if it exceeded its authority, its acts were void. Sturgeon v. Hampton, 88 Mo. 203. (2) The county court had no jurisdiction to order anything not called for in the petition. Turner v. Bondalier, 31 Mo. App. 582. (3) The county court, being a court of limited jurisdiction, jurisdiction must appear on the face of the proceedings. Cunningham v. Railroad, 61 Mo. 33; Gilson v. Vaughn, 61 Mo. 418; Haggard v. Railroad, 63 Mo. 303. (4) The…
1Opinion of the Court
Ellison, J. —
The defendant was indicted, tried and convicted for selling intoxicating liquors in-violation of the local option law, now found in Revised Statutes, 1889, sections 4598-4606.
It is urged here that such law was never legally adopted in Bates county, from whence this case comes. The first ground of objection covers two points. First. That the ■ petition to the county court asking that an election be ordered was not one paper, but consisted of several papers or petitions which, after being signed by petitioners residing in different parts of the county, were tacked together and…
2Cited by4 opinions
- State ex rel. Arthurs v. Board of County CommissionersMontana Supreme Court · 1911
- State v. KaufmanMissouri Court of Appeals · 1891
- State v. McCordSupreme Court of Missouri · 1907
- State v. McCordMissouri Court of Appeals · 1907