State ex rel. Chandler v. Huff
Missouri Court of Appeals
Appeal from Lawrence Circuit Court.— Hon. H. C. Pepper, Judge. (1) That there was no plat filed of the land described in the petition for incorporation in 1871, did not invalidate the incorporation. State ex rel. v. Young, 61 Mo. App. 494. (2) The objection made by defendants to the description of the commons in the order of 1871, that the word “westerly” is indefinite, is not well taken. “Westerly” has been frequently held tó mean due west.
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Appeal from Lawrence Circuit Court.— Hon. H. C. Pepper, Judge. (1) That there was no plat filed of the land described in the petition for incorporation in 1871, did not invalidate the incorporation. State ex rel. v. Young, 61 Mo. App. 494. (2) The objection made by defendants to the description of the commons in the order of 1871, that the word “westerly” is indefinite, is not well taken. “Westerly” has been frequently held tó mean due west. Seaman v. Hogeboom, 21 Barb. 398; Jackson v. Reeves, 3 Caines 293; Brandt v. Ogden, 1 Johns. 156; Bosworth v. Damizien, 25 Cal. 297. (3) The repeal in…
1Opinion of the CourtBland, P. J.
(after stating the facts as above).
1. The contention of relators is that having, in May, 1871, exercised its jurisdiction to incorporate the village of Ash Grove, the county court was thereafter without jurisdiction to again incorporate it, and especially so while the original order of incorporation was in force. This exact question was passed on by this court in State ex rel. v. Young, 61 Mo. App. 494, where the court said: “Under the existing statute (Revised Statutes, 1889, chapter 30, article 1), there are two modes of incorporating cities, towns or villages, based on different…
2Cases cited14 opinions
- State ex rel. Brown v. Town of WestportSupreme Court of Missouri · 1893
- Kayser v. Trustees of BremenSupreme Court of Missouri · 1852
- Brandt ex dem. Walton v. OgdenNew York Supreme Court · 1806
- State v. FlemingSupreme Court of Missouri · 1900
- State ex inf. Crow v. FlemingSupreme Court of Missouri · 1898
9 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. ChampSupreme Court of Missouri · 1965
- State ex rel. White v. SmallMissouri Court of Appeals · 1908
- State ex inf. Rosenberger v. Town of BellflowerMissouri Court of Appeals · 1908
- State Ex Inf. Otto v. HydeSupreme Court of Missouri · 1927
- Armstrong v. State Ex Rel. FainSupreme Court of Oklahoma · 1911
2 more not listed; retrieve them via the Exa API.