State ex rel. Fahrman v. Ross
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Hon. B. G. Thurman, Judge. (.1) The statute and ordinance providing that the council shall designate the time and place is mandatory ; that was a duty which the council could not delegate ; the place of holding the election was not fixed in the notice; this being a special election, the statute and ordinance must be strictly followed. State ex rel. v. Tucker, 32 Mo. App. 620; Bean v. County Court, 33 Mo.
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Appeal from Jasper Circuit Court. — Hon. B. G. Thurman, Judge. (.1) The statute and ordinance providing that the council shall designate the time and place is mandatory ; that was a duty which the council could not delegate ; the place of holding the election was not fixed in the notice; this being a special election, the statute and ordinance must be strictly followed. State ex rel. v. Tucker, 32 Mo. App. 620; Bean v. County Court, 33 Mo. App. 635 ; Haddox v. County, 79 Ya. 677; Morgan v. Gloucester, 44 N. J. L. 137; People v. Weller, 11 Cal. 49. (2) Designation of polling places is most…
1Opinion of the Court
COX, J. —
Respondents are judges of the county court of Jasper county and this is an action by mandamus to compel them to issue to relator a license to keep a dramshop within the city of Webb City. Webb City is a city of the third class and the license was refused solely upon the ground that the Local Option Law had been adopted in Webb City. A local option election was held in Webb City on February 1, 1910 and at such election a majority of the votes cast were against the sale of intoxicating liquor and the validity of that election is the issue in this case. At the trial in the circuit…
Also in this document: Concurrence.
2Cases cited21 opinions
- State ex inf. Major v. Kansas CitySupreme Court of Missouri · 1911
- Russell v. McDowellCalifornia Supreme Court · 1890
- Gaston v. LamkinSupreme Court of Missouri · 1893
- Norman v. ThompsonTexas Supreme Court · 1903
- State ex rel. Utah Savings & Trust Co. v. Salt Lake CityUtah Supreme Court · 1908
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3Cited by13 opinions
- State v. ColliverSupreme Court of Missouri · 1951
- American Legion Phillips Post v. City of MaldenMissouri Court of Appeals · 1959
- Bauch v. City of CaboolMissouri Court of Appeals · 1912
- Scales v. ButlerMissouri Court of Appeals · 1959
- Cody v. LuskMissouri Court of Appeals · 1914
8 more not listed; retrieve them via the Exa API.