Legal Opinion

State ex rel. Read v. Weatherby

Supreme Court of Missouri

Decided October 15, 1869PublishedCited by 30 opinions

Error to Sixth District Court. cited The People v. Utica Ins. Co., 15 Johns. 387, 388; Thompson v. The People, 23 Wend. 567 ; The King v, Leigh, 4 Burrows, 2145 to 2147 ; Art. Ill, Const. Mo. ; People v. Wren. 4 Scam. 269 ; Sloan v. State, 8 Blackf. 361; Cheney y. Hosier, 7 Mun. 334 ; State y.

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Error to Sixth District Court. cited The People v. Utica Ins. Co., 15 Johns. 387, 388; Thompson v. The People, 23 Wend. 567 ; The King v, Leigh, 4 Burrows, 2145 to 2147 ; Art. Ill, Const. Mo. ; People v. Wren. 4 Scam. 269 ; Sloan v. State, 8 Blackf. 361; Cheney y. Hosier, 7 Mun. 334 ; State y. McBride, 4 Mo. 303 ; Dartmouth College case, 4 Wheat. 518. cited Betts v. The City of Wil-liamsburgh, 15 Barb. 255 ; Wood v. Peake, 8 Johns. 69 ; 3 Hill. 243 ; Griffith v. Bogart, 18 How. 158; Wyman et al. v. Campbell, 6 Porter, 219; 9 Wend. 382; 8 Wend. 645 ; Fry v. Bennett, 5 S&ndf. 54; Garman et al.…

1Opinion of the CourtCurrier, Judge

This is a proceeding in the nature of a writ of quo warranto. The information alleges that the defendants have “unlawfully usurped, and are now wrongfully holding and exercising the franchise of passing ordinances providing for the levy of taxes on the property of the inhabitants” of the town or village of Shelbina, in the county of Shelby, under the false pretense that the “inhabitants of said town are a body politic and corporate, under and by virtue of the provisions of chapter 41 ” of the General Statutes of the State of Missouri; that the defendants are also, in like manner, unlawfully…

2Cases cited4 opinions

  1. Kayser v. Trustees of BremenSupreme Court of Missouri · 1852
  2. Stoddard v. Onondaga Annual Conference of the Methodist Protestant ChurchNew York Supreme Court · 1851
  3. Betts v. City of WilliamsburghNew York Supreme Court · 1853
  4. State ex rel. Douglass v. ScottSupreme Court of Missouri · 1853

3Cited by30 opinions

  1. Foltz v. St. Louis & S. F. Ry. Co.Court of Appeals for the Eighth Circuit · 1894
  2. Board of Com'rs v. PlattCourt of Appeals for the Eighth Circuit · 1897
  3. In re Incorporation of Village of North MilwaukeeWisconsin Supreme Court · 1896
  4. Tube City Mining & Milling Co. v. OttersonArizona Supreme Court · 1914
  5. Burt v. Winona & St. Peter RailroadSupreme Court of Minnesota · 1884

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