Legal Opinion

Kehr v. City of Columbia

Missouri Court of Appeals

Decided February 1, 1909PublishedCited by 11 opinions

Appeal from Boone Circuit Court. — Eon. Alonso D. BurneSj Acting Judge. (1) The statute provides a complete method for the contest of an election held under art. Ill of chapter 22 of the Revised Statutes of 1899. R. S. 1899, secs. 3031, 7029, 7031, 7033; State ex rel. v. Smith, 104 Mo. 661; Montgomery v. Dormer, 181 Mo. 5; State ex rel. v. Evans, 184 Mo. 632; State v. Mcllhaney, 199 Mo. 67. (2) In contesting the election on any proposition submitted to a popular vote, it is…

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Appeal from Boone Circuit Court. — Eon. Alonso D. BurneSj Acting Judge. (1) The statute provides a complete method for the contest of an election held under art. Ill of chapter 22 of the Revised Statutes of 1899. R. S. 1899, secs. 3031, 7029, 7031, 7033; State ex rel. v. Smith, 104 Mo. 661; Montgomery v. Dormer, 181 Mo. 5; State ex rel. v. Evans, 184 Mo. 632; State v. Mcllhaney, 199 Mo. 67. (2) In contesting the election on any proposition submitted to a popular vote, it is necessary that the public in some way be made a party to the contest. 15 Cyc. 403; Metamora v. Eureka, 163 111. 9, 45 N.…

1Opinion of the CourtBroaddus, P. J.

This action was instituted to contest the election held in the city of Columbia on February 5, 1908, held under what is known as the Local Option Law, article III, chapter 22, Revised Statutes 1899.

The vote was canvassed and the result declared on the 18th day of February, 1908, which was “against the sale of intoxicating liquors” in said city, as provided by said law. On the 27th day of said month, the plaintiffs filed a notice of contest which failed to state that they were voters and taxpayers, but did state that they were citizens of the city. The city of Columbia, its mayor, *325the members…

2Cases cited8 opinions

  1. State ex rel. Ellis v. ElkinSupreme Court of Missouri · 1895
  2. State ex rel. Wells v. HoughSupreme Court of Missouri · 1906
  3. State ex rel. Francis v. DillonSupreme Court of Missouri · 1885
  4. Truelson v. City of DuluthSupreme Court of Minnesota · 1895
  5. Village of Metamora v. Village of EurekaIllinois Supreme Court · 1896

3 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. State Ex Rel. Wahl v. SpeerSupreme Court of Missouri · 1920
  2. State ex rel. Rainwater v. RossSupreme Court of Missouri · 1912
  3. State ex rel. Fahrman v. RossMissouri Court of Appeals · 1912
  4. State v. GammaMissouri Court of Appeals · 1910
  5. State ex rel. City of Marshall v. HackmanSupreme Court of Missouri · 1918

6 more not listed; retrieve them via the Exa API.

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