State ex rel. v. Martin
Missouri Court of Appeals
Appeal from the Clark Circuit Court. — lion. Edwin B. McKee, Judge. (1) The courts have, when these local option laws have been called- in question, almost universally held the provisions made for putting the law in force mandatory, and have required a strict compliance therewith, therefore the law can be held valid and effective. State ex rel. v. Ruarle, 34' Mo. App. 325 f Ex parte Sublett, 4 S. "W. Rep. (Tex.) 894; Ex parte Smith, 30 S. W. Rep.
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Appeal from the Clark Circuit Court. — lion. Edwin B. McKee, Judge. (1) The courts have, when these local option laws have been called- in question, almost universally held the provisions made for putting the law in force mandatory, and have required a strict compliance therewith, therefore the law can be held valid and effective. State ex rel. v. Ruarle, 34' Mo. App. 325 f Ex parte Sublett, 4 S. "W. Rep. (Tex.) 894; Ex parte Smith, 30 S. W. Rep. (Tex.) 223. (2) The notice for an election to adopt a local option law must conform to the requirements of the act and in this case must be…
1Opinion of the CourtBiggs, J.
In 1893 the legislature enacted what is known as “the local option law,” concerning roads and highways (Acts 1893, page 226). The act provides a comprehensive system for the opening and improving of highways under the supervision of a supervisor of roads in each county to be appointed by the county court. The act further provides that the law shall not be enforced in any county, until a majority of the qualified voters of the county shall, at an election ordered by the county court, vote in favor of its adoption. Concerning the notice of such election the county court is required to give…
2Cases cited10 opinions
- People v. PorterCalifornia Supreme Court · 1856
- People ex rel. McKune v. WellerCalifornia Supreme Court · 1858
- State ex rel. Weber v. TuckerMissouri Court of Appeals · 1888
- Beal v. RayIndiana Supreme Court · 1861
- George v. Township of OxfordSupreme Court of Kansas · 1876
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3Cited by12 opinions
- Town of Grove v. Haskell, GovernorSupreme Court of Oklahoma · 1909
- State Ex Rel. City of Berkeley v. HolmesSupreme Court of Missouri · 1949
- Eaves v. VialSupreme Court of Virginia · 1900
- Hill v. HartzellOregon Supreme Court · 1926
- State Ex Rel. Marlowe v. Himmelberger-Harrison Lumber Co.Supreme Court of Missouri · 1933
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