State ex inf. Killam ex rel. Higginbotham v. Colbert
Supreme Court of Missouri
Appeal from Lincoln Circuit Court. — Hon. Edgar B. Woolf oik, Judge. (1) The court erred in ruling that the statute permitted thé county court to change the boundaries of the road district as set forth in the original petition, as in .its discretion it might determine to be necessary for the public good, without the filing of any remonstrance or an amended petition; such ruling is opposed to both the express language and spirit of the statute.
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Appeal from Lincoln Circuit Court. — Hon. Edgar B. Woolf oik, Judge. (1) The court erred in ruling that the statute permitted thé county court to change the boundaries of the road district as set forth in the original petition, as in .its discretion it might determine to be necessary for the public good, without the filing of any remonstrance or an amended petition; such ruling is opposed to both the express language and spirit of the statute. Sec. 10612, R. S. 1909; Laws 1913, p. 678; Embree v. Road District, 240 U. S. 242, 257 Mo. 593. (2) No reifionstrances having been filed, it was a…
1Opinion of the Court
WHITE, C.
This proceeding was begun by an information in the nature of a quo waarfanto filed in the circuit court of Lincoln County by the prosecuting attorney of that county, at the relation of twenty-five *203persons whose names are given, challenging the right of the respondents to exercise the functions of commissioners of a special road district. The respondents filed their return, alleging that they had been duly elected, had qualified and were acting commissioners of the “Silex & Louisville Road District of Lincoln County,” setting out in detail the facts which, as they claimed, showed the…
2Cases cited16 opinions
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- Norwood v. BakerSupreme Court of the United States · 1898
- French v. Barber Asphalt Paving Co.Supreme Court of the United States · 1901
- Embree v. Kansas City & Liberty Boulevard Road DistrictSupreme Court of the United States · 1916
- Grandy v. CaseySupreme Court of Missouri · 1887
11 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- City of St. Joseph v. HankinsonSupreme Court of Missouri · 1958
- State Upon the Information of Shartel v. Missouri Utilities Co.Supreme Court of Missouri · 1932
- Borden Company v. ThomasonSupreme Court of Missouri · 1962
- State Ex Rel. McKittrick v. American Colony InsuranceSupreme Court of Missouri · 1935
- State v. CushmanSupreme Court of Missouri · 1970
10 more not listed; retrieve them via the Exa API.