State ex rel. Suther v. City of Midfield

MERRILL, Justice.

On December 20, 1961, appellants filed a quo warranto proceeding, charging that *439the City of Midfield was exercising its power and jurisdiction over a certain described area which was not a part of the ■City of Midfield. It was charged that the city was claiming that the area had been annexed to the City of Midfield by virtue of an order of the Probate Court of Jefferson County, but the order was not valid because the assent for annexation had been ■secured from the owners of only fifty per ■cent of the area proposed to be annexed instead of sixty per cent as required by law.

Th…