State v. McCord
Missouri Court of Appeals
Appeal from Christian Circuit Court. — Eon. John T. Moore, Judge. The finding of the court in its order for the election is fatally defective, in that it finds that the signers of the petition constitute one-tenth of the voters, and tax payers of Christian county, section 3027 requires such petitions to be signed by one-tenth of the qualified voters of the county.
Read the full summary
Appeal from Christian Circuit Court. — Eon. John T. Moore, Judge. The finding of the court in its order for the election is fatally defective, in that it finds that the signers of the petition constitute one-tenth of the voters, and tax payers of Christian county, section 3027 requires such petitions to be signed by one-tenth of the qualified voters of the county. For ought that appears from the finding of the court, many or all the signers are nonvoting taxpayers, and may constitute one-tenth of both classes when combined, but the number of voters signing-may fall far short of the required…
1Opinion of the CourtGoode, J.
We deem it unnecessary to restate the facts of this case because they have been given accurately by our associate, in whose conclusion we are unable *67to concur. We do not dissent from much of what he says concerning the law of cases of this character. It is the established rule in this State that when a court of inferior jurisdiction is entrusted by law with the duty of determining whether the facts exist authorizing it to exercise jurisdiction in a given instance, its finding of those facts is conclusive against collateral attack. Moreover, if the record in the cause does not recite a…
2Cases cited4 opinions
- McClanahan v. WestSupreme Court of Missouri · 1889
- Williams v. MonroeSupreme Court of Missouri · 1894
- Calloway v. HendersonSupreme Court of Missouri · 1895
- Mastin v. StollerSupreme Court of Missouri · 1891