State ex rel. Glenn v. Smith
Missouri Court of Appeals
Appeal from Pike Circuit Court. — Hon. David H. Eby, Judge. The court will observe from section 9631 that the law is mandatory, it says that the court shall declare the result of the vote, and make an order declaring article ten to be the law. The section does not say when the court shall so declare, therefore, it may be done at any term of the court.
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Appeal from Pike Circuit Court. — Hon. David H. Eby, Judge. The court will observe from section 9631 that the law is mandatory, it says that the court shall declare the result of the vote, and make an order declaring article ten to be the law. The section does not say when the court shall so declare, therefore, it may be done at any term of the court. But in this instance, the court, by order of court as shown by the record, refused to make the ordc-r as required by said section. This section seems never to have been construed. The nearest we come to it is the case of State ex rel. v. Gordon,…
1Opinion of the CourtGoode, J.
(after stating the facts). — It must, of course appear from the alternative writ the relators are interested in the subject-matter of the proceeding; but this fact is sufficiently shoAvn by the averments that relators are qualified voters, taxpayers and citizens of the proposed road district and interested in the establishment of it. [State ex rel. v. St. Louis School Board, 131 Mo. 505.] We find no defect of parties plaintiff and knoAV not why that ground was inserted in the demurrer. Neither of the two reasons mentioned is insisted on in this court, as sufficient to sustain the demurrer;…
2Cases cited13 opinions
- State v. SearcyMissouri Court of Appeals · 1890
- State ex rel. Bartley v. FletcherSupreme Court of Missouri · 1867
- State v. SearcySupreme Court of Missouri · 1892
- State v. SearcyMissouri Court of Appeals · 1891
- Hambleton v. Town of DexterSupreme Court of Missouri · 1886
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3Cited by2 opinions
- State Ex Rel. Kopper Kettle Restaurants, Inc. v. City of St. RobertMissouri Court of Appeals · 1968
- State Ex Rel. Donnell v. OsbornSupreme Court of Missouri · 1941