State ex rel. White v. Small
Missouri Court of Appeals
Appeal from Mississippi Circuit Court. — No». Henry O. Riley, Judge. (1) When the sole purpose of the proceedings is to have a village organization declared illegal, the courts have uniformly held that judgment of ouster should not go against the officers of the municipality unless it is made a party defendant. State ex rel. v. Huff, 105 Mo. App. 354; 19 Am. and Eng.
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Appeal from Mississippi Circuit Court. — No». Henry O. Riley, Judge. (1) When the sole purpose of the proceedings is to have a village organization declared illegal, the courts have uniformly held that judgment of ouster should not go against the officers of the municipality unless it is made a party defendant. State ex rel. v. Huff, 105 Mo. App. 354; 19 Am. and Eng. Ency. of Law (1 Ed.), 675. (2) The State, who alone has the right to complain is not now and never has deemed it proper to question the legal existence of this municipality and we question the right of relators to prosecute this…
1Opinion of the CourtGoode, J.
This is a proceeding in the nature of quo warranto, charging the defendants with usurping and exercising the rights and duties of the trustees of the village of Anniston, in Mississippi county, and in the capacity of trustees enacting ordinances, levying taxes and prescribing police regulations over the land and property of the relators. The information was filed by the prosecuting attorney of Mississippi county at the relation of Jesse S. White, Homer Lynn and J. L. Busby. In addition to the charge of usurpation against defendants, the information avers the village of Anniston never was…
Also in this document: Concurrence.
2Cases cited12 opinions
- State ex rel. Brown v. Town of WestportSupreme Court of Missouri · 1893
- State v. FlemingSupreme Court of Missouri · 1900
- The People v. . CarpenterNew York Court of Appeals · 1861
- State ex inf. Crow v. FlemingSupreme Court of Missouri · 1898
- State ex rel. Patterson v. McReynoldsSupreme Court of Missouri · 1875
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3Cited by11 opinions
- State v. ChampSupreme Court of Missouri · 1965
- State ex inf. Graham ex rel. Mississippi County ex rel. Bishop v. HurleySupreme Court of Missouri · 1976
- State ex inf. Major v. WoodsSupreme Court of Missouri · 1911
- Stoltman v. City of ClaytonMissouri Court of Appeals · 1920
- State v. Business Men's ClubMissouri Court of Appeals · 1914
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