In re Wooldridge
Missouri Court of Appeals
Original application under the habeas corpus act. There is nothing in the charter or ordinance of the city of Springfield which confers the power upon the mayor and council to order an election to determine whether or not intoxicating liquors are to be sold. Municipal corporations have only "such powers as are expressly granted by their fundamental law and in addition such powers as result by necessary implication from the granted powers.
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Original application under the habeas corpus act. There is nothing in the charter or ordinance of the city of Springfield which confers the power upon the mayor and council to order an election to determine whether or not intoxicating liquors are to be sold. Municipal corporations have only "such powers as are expressly granted by their fundamental law and in addition such powers as result by necessary implication from the granted powers. Hence the order calling the election was void. Allen v. Jones, 47 Ind. 438; City v. Wooton, 28 Iowa, 571 ; Brady v. City, 20 N. Y. 312 ; State v. Bank, 45…
1Opinion of the CourtRombauer, P. J.
The petitioner presented his application for a writ of habeas corpus, stating that he was unjustly and unlawfully detained and imprisoned by the sheriff of Greene county in the jail of said county, in the city of Springfield, by virtue of a warrant and commitment issued by one C. H. Evans, justice of the peace.
His application states that the justice, in rendering the judgment and issuing the writ of commitment, exceeded his jurisdiction as to matter, place, and sum ; that the commitment was issued under circumstances not allowed by law, and that the judgment and commitment are not authorized…
2Cases cited7 opinions
- Grandy v. CaseySupreme Court of Missouri · 1887
- Ex parte SnyderSupreme Court of Missouri · 1876
- German Bank v. StumpfSupreme Court of Missouri · 1880
- State ex rel. McHenry v. JenkinsSupreme Court of Missouri · 1869
- Ex parte BoenninghausenSupreme Court of Missouri · 1886
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3Cited by14 opinions
- State ex rel. Town of Canton v. AllenSupreme Court of Missouri · 1903
- State ex rel. Wagner v. PattersonSupreme Court of Missouri · 1907
- Southworth v. Mayor of GlasgowSupreme Court of Missouri · 1910
- State ex inf. Attorney-General v. DabbsSupreme Court of Missouri · 1904
- State v. KaufmanMissouri Court of Appeals · 1891
9 more not listed; retrieve them via the Exa API.