State ex rel. Dome v. Wilcox
Supreme Court of Missouri
Error to Fifth District Court. I. Chapter 47, Gen. Stat. 1865, is unconstitutional. It is not a law of its own force, but depends for its vitality upon a vote of the people of the locality, which vote can neither make it a law nor repeal the general law under which the plaintiff in error claims a right to the office of school director. (State v. Scott, 17 Mo. 521, 530 ; Const.
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Error to Fifth District Court. I. Chapter 47, Gen. Stat. 1865, is unconstitutional. It is not a law of its own force, but depends for its vitality upon a vote of the people of the locality, which vote can neither make it a law nor repeal the general law under which the plaintiff in error claims a right to the office of school director. (State v. Scott, 17 Mo. 521, 530 ; Const. Mo., art. 3, § 1, art. 4 ; 23 Barb. 355; 4 Seld. 483 ; 4 Ind. 347 ; 10 Ind. 72 ; Barto v. Himrod, 8 N. Y. 483 ■ 5 Iowa, 496; Sedgw. on Stat. and Const. Law, 165; 2 Iowa, 205-6, confirmed in 9 Iowa, 203 ; 8 N. Y. 489,…
1Opinion of the CourtWagner, Judge
The relator instituted a proceeding in the nature of a quo warranto, in the Livingston County Circuit Court, to determine-his right to the office of school director for the town of Utica, it being a school corporation organized pursuant to chapter 47 of the General Statutes of 1865. His right to the office was resisted by the defendant, who was a director under the township organization, formed under the general law of this State in relation to common schools.
It is not denied that the town of Utica organized under chapter 47, and that all the necessary forms and conditions prescribed by the…
2Cases cited5 opinions
- City of St. Louis v. AlexanderSupreme Court of Missouri · 1856
- Kayser v. Trustees of BremenSupreme Court of Missouri · 1852
- State v. BinderSupreme Court of Missouri · 1866
- State v. FieldSupreme Court of Missouri · 1853
- State v. EbertSupreme Court of Missouri · 1867
3Cited by42 opinions
- In re Incorporation of Village of North MilwaukeeWisconsin Supreme Court · 1896
- Johnson v. Martin, Wise & FitzhughCourt of Appeals of Texas · 1889
- Weight v. CunninghamTennessee Supreme Court · 1905
- State ex rel. Henderson v. County CourtSupreme Court of Missouri · 1872
- Vermont Loan & Trust Co. v. WhithedNorth Dakota Supreme Court · 1891
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