State ex rel. Edwards v. Ellison
Supreme Court of Missouri
Certiorari. (1) The local option election of 1913 wás void because ordered at a time not authorized by the statute. Ex parte Lucas, 160 Mo. 280; State ex rel. v. Patterson, 207 Mo. 146 ;.Miller v. Staggs, 181 S. W. 116; State ex rel. v. Jenkins, 43 Mo. 261. (2) When a court of inferior jurisdiction is acting under special statutory directions, such directions must be strictly observed, and. all juris-, dictional facts must affirmatively appear on the face of the record…
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Certiorari. (1) The local option election of 1913 wás void because ordered at a time not authorized by the statute. Ex parte Lucas, 160 Mo. 280; State ex rel. v. Patterson, 207 Mo. 146 ;.Miller v. Staggs, 181 S. W. 116; State ex rel. v. Jenkins, 43 Mo. 261. (2) When a court of inferior jurisdiction is acting under special statutory directions, such directions must be strictly observed, and. all juris-, dictional facts must affirmatively appear on the face of the record before such court acquires jurisdiction of the subject-matter. State v. Metzger,'26 Mo. 65; Sturgeon v. Hampton, 88 Mo. 203;…
1Opinion of the CourtBlair, J.
Relator was prosecuted and convicted in the. Chariton Cireuit Court for violation of the Local Option Law. He appealed to the Kansas City Court of Appeals, which affirmed the judgment (State v. Edwards, 192 Mo. App. 413), whereupon relator sued out-this writ of certiorari, which brings here the record of that court. The question presented is whether the decision and opinion of the Court of Appeals conflict with decisions of this court.
It appears from the opinion that the record on appeal disclosed that on the trial of relator in the Chariton Circuit Court the State offered record evidence…
2Cases cited5 opinions
- State ex rel. Kemper v. CarterSupreme Court of Missouri · 1914
- State ex rel. Rainwater v. RossSupreme Court of Missouri · 1912
- Allen v. CowanMissouri Court of Appeals · 1888
- State ex rel. Rainwater v. RossMissouri Court of Appeals · 1912
- State v. EdwardsMissouri Court of Appeals · 1916
3Cited by6 opinions
- State Ex Rel. Mooney v. Consolidated School District No. 3Missouri Court of Appeals · 1955
- State v. HawkSupreme Court of Missouri · 1950
- Grant and McNamee v. PayneNevada Supreme Court · 1940
- Board of Education of School Dist. No. 5 v. PattonNew Mexico Supreme Court · 1938
- State Ex Rel. Halbach v. ClaussenSupreme Court of Iowa · 1933
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