Legal Opinion

State ex rel. Rippee v. Forest

Missouri Court of Appeals

Decided January 19, 1914PublishedCited by 5 opinions

Appeal from Wright County Circuit Court.—Now. G. E. Skinker, Judge. (1) Unless five townships in Webster county which were joined by Pleasant Valley and Gasconade in Wright county had previously adopted the law restraining the same animals sought to be restrained in this election and this election and a proper petition had been presented to the county court, that court had no jurisdiction to call an election at all.

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Appeal from Wright County Circuit Court.—Now. G. E. Skinker, Judge. (1) Unless five townships in Webster county which were joined by Pleasant Valley and Gasconade in Wright county had previously adopted the law restraining the same animals sought to be restrained in this election and this election and a proper petition had been presented to the county court, that court had no jurisdiction to call an election at all. Constitution of Missouri, art. VI., sec. 36; R. S. 1909', sec. 787; Jefferson County v. Cowan, 54 Mo. 234; Whitely v. Platte County, 73 Mo. 30; Owens v. County Court, 49 Mo. 372.…

1Opinion of the CourtSturgis, J.

This is a proceeding by certiorari having for its object the annulment of the proceedings had in the county court of Wright county in connection with an election held in two townships of said county relative to the adoption and enforcement in such townships of the law restraining domestic animals from funning at large. This election was held under the provisions of section 787, Revised Statutes 1909, which is as follows: “Whenever any five or more townships in one body in any county in the State of Missouri have heretofore adopted the laws governing the question of restraining horses, mules,…

Also in this document: Concurrence.

2Cases cited16 opinions

  1. State v. HydeSupreme Court of Missouri · 1911
  2. Boyd v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1913
  3. Keeney v. McVoySupreme Court of Missouri · 1907
  4. Zimmerman v. SnowdenSupreme Court of Missouri · 1885
  5. In re Jefferson County v. CowanSupreme Court of Missouri · 1873

11 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. State v. PembertonMissouri Court of Appeals · 1941
  2. State ex rel. Sturgeon v. BishopMissouri Court of Appeals · 1916
  3. Beever v. SmithMissouri Court of Appeals · 1918
  4. State Ex Rel. Jansen v. StatlerMissouri Court of Appeals · 1940
  5. State Ex Rel. Workman v. JudenMissouri Court of Appeals · 1925

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