State ex inf. Rosenberger v. Town of Bellflower
Missouri Court of Appeals
Appeal from Montgomery Circuit Court. — Hon. James D. Barnett, Judge. (1) The validity of the charter of a town can only be contested by a proceeding in quo warranto. Kayser v. Trustees of Bremen, 16 Mr. 88; St. Louis v. Shields, 62 Mo. 247; State ex rel. v. Flemming, 147 Mo. 1; Parker v. Zeisler, 73 Mo.
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Appeal from Montgomery Circuit Court. — Hon. James D. Barnett, Judge. (1) The validity of the charter of a town can only be contested by a proceeding in quo warranto. Kayser v. Trustees of Bremen, 16 Mr. 88; St. Louis v. Shields, 62 Mo. 247; State ex rel. v. Flemming, 147 Mo. 1; Parker v. Zeisler, 73 Mo. App. 541; State ex rel. v. Birch, 186 Mo. 205; Bank v. Rockefeller, 195 Mo. 52. (2) Under the act concerning the incorporation of towns (R. S. 1899, sec. 6004) a county court has no power to incorporate therewith a district of farming country adjoining a town or village. The word “commons” as…
1Opinion of the CourtBland, P. J.
In the year 1892 forty acres of land lying in the eastern part of Montgomery county was laid off in lots and blocks by the owner, platted as a townsite and named Bellflower; in the year 1894, an adjoining forty-acre tract was laid off in lots and blocks and platted as an addition to the town. In 1903 and 1904 the Chicago, Burlington & Quincy Railroad Company built a railroad touching the northwest corner of the town and running thence in a northeasterly direc*141tion, leaving the whole of the town on the south side of the railroad track. H. B. Scott acquired a tract of land on the north side of…
2Cases cited7 opinions
- Copeland v. City of St. JosephSupreme Court of Missouri · 1895
- State ex rel. Patterson v. McReynoldsSupreme Court of Missouri · 1875
- State ex rel. Musser v. BirchSupreme Court of Missouri · 1905
- First National Bank v. RockefellerSupreme Court of Missouri · 1906
- State ex rel. Meriwether v. CampbellSupreme Court of Missouri · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. ChampSupreme Court of Missouri · 1965
- State ex inf. Killam ex rel. Higginbotham v. ColbertSupreme Court of Missouri · 1918
- State ex rel. Scott v. LichteSupreme Court of Missouri · 1910
- State ex rel. Wah-We-Yea-Cumin v. OlsonSupreme Court of Minnesota · 1909
- State Ex Inf. Otto v. HydeSupreme Court of Missouri · 1927
4 more not listed; retrieve them via the Exa API.