State v. Armstrong
Missouri Court of Appeals
Appeal from Saline Criminal Court. — Hon. John A. Rich, Judge. (1) The calling of a special election by the city of Marshall under the provisions of the Local Option Law, was never made as required by law, and all proceedings in that regard by said city are without authority of law and are therefore void.
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Appeal from Saline Criminal Court. — Hon. John A. Rich, Judge. (1) The calling of a special election by the city of Marshall under the provisions of the Local Option Law, was never made as required by law, and all proceedings in that regard by said city are without authority of law and are therefore void. R. S. 1899, secs. 5882, 5831, 5772, 5833, 3028. (2) The order thus to be made could only be made by the mayor and council of the city of Marshall as the legislative body of said city, and in such capacity they can only speak by statute, or if by resolution, then a resolution passed and…
1Opinion of the CourtEllison, J.
The defendant was convicted for selling intoxicating liquors in the city of Marshall contrary to the provisions of the local option statute, which, as is contended, had theretofore been adopted in said city.
Defendant challenges the legality of the adoption of the Local Option Law against the sale of intoxicat*721ing liquors. It appears that upon the presentation of a proper petition for submitting the question of adopting the law to a vote of the people, the city council did not adopt an ordinance calling an election, but made an order which was duly passed at a proper meeting and duly entered of…
2Cases cited9 opinions
- State v. SearcyMissouri Court of Appeals · 1890
- State ex rel. Town of Canton v. AllenSupreme Court of Missouri · 1903
- Wheeler v. City of Poplar BluffSupreme Court of Missouri · 1899
- State v. OliphantMissouri Court of Appeals · 1908
- O'Laughlin v. City of KirkwoodMissouri Court of Appeals · 1904
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3Cited by1 opinion
- State Ex Inf. McKittrick v. KirbySupreme Court of Missouri · 1942