State v. Morgan
Missouri Court of Appeals
Appeal from Macon Circuit Court. — Eon. Nat M. Shelton, Judge. (1) The order of the county court calling the election is insufficient because it attempts to leave to the discretion of the county clerk the number of publications, etc. State v. Kellogg, 133 Mo. 431; State ex rel. v. Baldwin, 109 Mo. App. 573; People v. Town of Linden, 107 Cal. 94; City of St. Louis ex rel. v. Clemens, 43 Mo. 395. (2) The county court was without authority to make the order, of January 13th.
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Appeal from Macon Circuit Court. — Eon. Nat M. Shelton, Judge. (1) The order of the county court calling the election is insufficient because it attempts to leave to the discretion of the county clerk the number of publications, etc. State v. Kellogg, 133 Mo. 431; State ex rel. v. Baldwin, 109 Mo. App. 573; People v. Town of Linden, 107 Cal. 94; City of St. Louis ex rel. v. Clemens, 43 Mo. 395. (2) The county court was without authority to make the order, of January 13th. They had acted on the same petition on January 8th in a legal and sufficient manner and their power and juris-diction to…
1Opinion of the CourtJohnson, J.
On information of the prosecuting attorney, defendant was tried and convicted of a violation of the Local Option Law which, it is alleged, was in force in Macon county outside the limits of Macon, a city of more than twenty-five hundred inhabitants. The validity of the proceedings leading to the adoption of prohibition in that county is the principal question at issue between the parties. A petition for an election signed by more than one-tenth of the qualified voters of the county outside the city of Macon was filed in the county court, January 7, 1908. The next day the court ordered that an…
2Cases cited8 opinions
- Higgins v. CurtisSupreme Court of Kansas · 1888
- State ex rel. Doran v. County CourtMissouri Court of Appeals · 1909
- State ex rel. Hennesmeyer v. ReidMissouri Court of Appeals · 1908
- State v. KelloggMissouri Court of Appeals · 1908
- State v. WebbMissouri Court of Appeals · 1892
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3Cited by2 opinions
- State ex inf. Latham v. AllenSupreme Court of Missouri · 1951
- State ex rel. City of Elvins v. MarshallMissouri Court of Appeals · 1914