State ex rel. Church v. Weeks
Missouri Court of Appeals
Appeal from the Jasper Circuit Court. — Hon. M. Gr. MoG-regor, Judge. (1) The council of the city had no authority to order the election, as it is admitted in the case that there was not sufficient number of voters signed either one of the two petitions upon which the order was made, and the petitions were dissimilar in every respect.
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Appeal from the Jasper Circuit Court. — Hon. M. Gr. MoG-regor, Judge. (1) The council of the city had no authority to order the election, as it is admitted in the case that there was not sufficient number of voters signed either one of the two petitions upon which the order was made, and the petitions were dissimilar in every respect. (2) The local option law requires one petition, and not two; the petitions being different — one calling for an election under the local option law, the other to vote on a question of license. Acts, 1887, sec. 1, p. 180. (3) The notice calling the election is…
1Opinion
ON MOTION FOB REHEARING.
The relator has failed to suggest any reason which would justify us in granting him a rehearing.
He is in error, in supposing that we overlooked the character of the entry on the records of the city council, in relation to the action of the committee to whom was referred the petition for the election under the “local option” act.
This entry was read from the records of the city council, and was not the report of the committee.
We are bound to presume that, when a body exercising legislative functions, like that of the city council of the city of Carthage, appoints a…
2Cases cited6 opinions
- Ex Parte McCardleSupreme Court of the United States · 1869
- Insurance Co. v. RitchieSupreme Court of the United States · 1867
- People ex rel. Hempstead v. Chicago & Alton RailroadIllinois Supreme Court · 1870
- Williams v. County CommissionersSupreme Judicial Court of Maine · 1853
- Bassett v. School Directors of the Second DistrictSupreme Court of Louisiana · 1854
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