Legal Opinion

State ex rel. Halsey v. Clayton

Supreme Court of Missouri

Decided March 7, 1910PublishedCited by 6 opinions

Mandamus. (1) The Act of 1909 by necessary implication repeals sec. 5252, R. S. 18991. In express terms it repeals article 2, of chapter 91, which article contains the law theretofore in force governing cities of the first class.

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Mandamus. (1) The Act of 1909 by necessary implication repeals sec. 5252, R. S. 18991. In express terms it repeals article 2, of chapter 91, which article contains the law theretofore in force governing cities of the first class. The act enacts in addition an entire new scheme of government for cities of the first class, and at the same time provides what cities may become cities of the first class and also provides the procedure therefor, so that said Act of 1909 is full and complete both as to the powers of cities of the first class and also as to the classification and method of…

1Opinion of the CourtValliant, C. J.

The city of St. Joseph is organized as a city of the second class, but having now a population of more than 100,000 it is entitled to organize as a city of the first class. It has taken the preliminary steps to attain that class and is about to take the final step, that is, hold an election for officers to govern it as a city of the first class. Relator asks a writ of mandamus to compel the officers of the city to hold an election for city officers as a city of the second1 class under the charter under which it has hitherto existed and now exists.

Relator bases his application on the'…

2Cited by6 opinions

  1. State v. WilsonSupreme Court of Missouri · 1915
  2. State ex rel. Barker v. WurdemanSupreme Court of Missouri · 1914
  3. Chaffin v. County of ChristianSupreme Court of Missouri · 1962
  4. Barnes v. City of KirksvilleSupreme Court of Missouri · 1915
  5. State Ex Rel. Harry L. Hussman Refrigerator & Supply Co. v. City of St. LouisSupreme Court of Missouri · 1928

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