State ex rel. Sutton v. Wiethaupt
Missouri Court of Appeals
Appeal from St. Louis County Circuit Court. — Hon. John W. McElhinney, Judge. The order of the county court in incorporating the city of Maplewood recited that the petitioners who signed the petition for the incorporation of said city “did comprise a majority of the inhabitants as well as of the taxable inhabitants” of said city, which finding under the authorities above cited is conclusive; but the statute has been construed to require a majority only of the “taxable…
Read the full summary
Appeal from St. Louis County Circuit Court. — Hon. John W. McElhinney, Judge. The order of the county court in incorporating the city of Maplewood recited that the petitioners who signed the petition for the incorporation of said city “did comprise a majority of the inhabitants as well as of the taxable inhabitants” of said city, which finding under the authorities above cited is conclusive; but the statute has been construed to require a majority only of the “taxable inhabitants” without making a majority of all the inhabitants an essential requirement. State ex rel. v. Fleming, 147 Mo. 1;…
1Opinion of the CourtGoode, J.
This is a proceeding by writ of certiorari to have determined the propriety of the order of the county court of St; Louis county, incorporating a tract of land therein as a city of the third class under the name of Maplewood. The application for the writ of certiorari was to the circuit court of St. Louis county, which court granted the writ against defendants, judges of the county court, who made return June 27, 1908, and attached to the return copies of the petition filed with the county court for the incorporation of the territory, remonstrances .filed against such action and all other…
2Cases cited4 opinions
- State v. FlemingSupreme Court of Missouri · 1900
- State ex inf. Crow v. FlemingSupreme Court of Missouri · 1898
- State ex rel. Lee v. JenkinsMissouri Court of Appeals · 1887
- Hall v. DeArmondMissouri Court of Appeals · 1891