State ex rel. Jackson v. Town of Mansfield
Missouri Court of Appeals
Appeal from Wright Circuit Court — flow. Argus Cox, Judge. (1) The casual reading of respondent’s answer will, we think, convince the court that plaintiff’s motions to strike out a part of it and to make it more definite and certain, ought to have been sustained. (2) The attempted change of the corporate character of the defendant city by petition to the county court was and is a nullity. R. S. 1889, sec. 5257. State ex rel. v. Young, -61 Mo.
Read the full summary
Appeal from Wright Circuit Court — flow. Argus Cox, Judge. (1) The casual reading of respondent’s answer will, we think, convince the court that plaintiff’s motions to strike out a part of it and to make it more definite and certain, ought to have been sustained. (2) The attempted change of the corporate character of the defendant city by petition to the county court was and is a nullity. R. S. 1889, sec. 5257. State ex rel. v. Young, -61 Mo. App. 494. (3) In order for laches or acquiescence to operate as a bar in a court of equity, the- neglect or omission to assert a right must be such as…
1Opinion of the CourtGoode, J.
This is a quo warranto proceeding instituted at the relation of the State of Missouri in the name of the prosecuting attorney of Wright county, to oust the defendants Crippen, McKain and White from the offices, respectively, of mayor, marshal and. collector of the town of Mansfield, and to deprive said town of its rights, franchises and privileges as a city of the fourth class on the ground that it was illegally incorporated as such.
The petition charges that said town, on the petition of two-thirds of its inhabitants presented to the county court of Wright county was, by an order of said…
2Cases cited5 opinions
- People v. MaynardMichigan Supreme Court · 1867
- State ex rel. Brown v. Town of WestportSupreme Court of Missouri · 1893
- State v. LeathermanSupreme Court of Arkansas · 1881
- State ex inf. Crow v. FlemingSupreme Court of Missouri · 1898
- People v. KeelingSupreme Court of Colorado · 1878
3Cited by17 opinions
- State ex rel. Major v. Arkansas Lumber Co.Supreme Court of Missouri · 1914
- State ex rel. Young v. Village of KentSupreme Court of Minnesota · 1905
- State v. ChampSupreme Court of Missouri · 1965
- State Ex Rel. v. School District No. 23Oregon Supreme Court · 1946
- State Ex Rel. McAllister v. Cupples Station Light, Heat & Power Co.Supreme Court of Missouri · 1920
12 more not listed; retrieve them via the Exa API.