State ex rel. O'Sullivan v. Coffee
Supreme Court of Missouri
Error to Johnson Court of Common Pleas. I. A charter can be amended by excluding part and adding new territory. (St. Louis vs. Russell, 9 Mo., 503; St. Louis vs. Allen, 13 Mo., 100 ; Dill. Mun. Cor., §§ 35, 124.) II.
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Error to Johnson Court of Common Pleas. I. A charter can be amended by excluding part and adding new territory. (St. Louis vs. Russell, 9 Mo., 503; St. Louis vs. Allen, 13 Mo., 100 ; Dill. Mun. Cor., §§ 35, 124.) II. It is now admitted that the act of March, 1870, does not comprehend any part of the territory included in the act of 1859, but takes in territory lying south of the old corporate limits, and adjoining thereto. ■ But the act of 1870 does not repeal the 1st section of the act of 1859. They are not repugnant, but make one complete, harmonious act. It may have been better had the…
1Opinion of the CourtYorxes, Judge
This is an information in the natne of a quo warranto filed in the Johnson Court of Common Pleas by the Circuit attorney of the 22nd Judicial Circuit-of this State, to inquire into the authority by which the defendant exercised the duties of the office of mayor of the town of Knob Noster, in said county of Johnson.
*61The petition is in the usual form, charging that the defendant, unlawfully and without authority of law, exercised and usurped the powers and duties of said office, by issuing warrants, etc., and otherwise assuming to act in said capacity, and prayed for a judgment of ouster, etc.
The…
2Cases cited1 opinion
- The People v. . CarpenterNew York Court of Appeals · 1861
3Cited by8 opinions
- State ex rel. Patterson v. McReynoldsSupreme Court of Missouri · 1875
- State Ex Rel. Larson v. MorrisonNebraska Supreme Court · 1952
- State ex rel. Summers v. UridilNebraska Supreme Court · 1893
- State ex inf. Major v. WoodsSupreme Court of Missouri · 1911
- State ex rel. Sanche v. WebbSupreme Court of Alabama · 1892
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