City of Brunswick Ex Rel. Barkwell v. Beneke
Supreme Court of Missouri
Appeal from Cliariton Circuit Court. — Eon. Fred Lamb, Judge. (1) The preliminary resolution was not published for two consecutive weeks, as required by Sec. 9411, R. S. 1909. State ex rel. v. Tucker, 32 Mo. App. 620; State v. Dobbins, 116 Mo. App. 29; Williams v. Ettenson, 178 Mo. App.. 178; Munday v. Leeper, 120 Mo. 418; Young v. Downey, 150 Mo. 324, 330. It requires seven complete days to constitute a week. State ex rel. v. Tucker, 32 Mo.
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Appeal from Cliariton Circuit Court. — Eon. Fred Lamb, Judge. (1) The preliminary resolution was not published for two consecutive weeks, as required by Sec. 9411, R. S. 1909. State ex rel. v. Tucker, 32 Mo. App. 620; State v. Dobbins, 116 Mo. App. 29; Williams v. Ettenson, 178 Mo. App.. 178; Munday v. Leeper, 120 Mo. 418; Young v. Downey, 150 Mo. 324, 330. It requires seven complete days to constitute a week. State ex rel. v. Tucker, 32 Mo. App. 620; State v. Dobbins, 116 Mo. App. 29; Russell v. Croy, 164 Mo. 69. The time within which an act is to be done, shall be computed by excluding the…
1Opinion of the CourtHig-Bee, P. J.
This case was transferred to this court by the Kansas City Court of Appeals for the reason that one of the judges believed the decision of that court was in conflict with the decision «of the Springfield Court of Appeals in Webb v. Strobach, 143 Mo. App. 459, 470. Under the Constitution it is our duty to hear and determine the cause as in case of jurisdiction obtained by ordinary appellate process; in other words, the question of conflict drops out of the case. [Section 6 of Amendment of 1884-to the Constitution; Epstein v. Railroad, 250 Mo. 1, 156 S. W. 699.]
The action is to enforce the lien…
2Cases cited20 opinions
- Epstein v. Pennsylvania RailroadSupreme Court of Missouri · 1913
- Neill v. GatesSupreme Court of Missouri · 1899
- State ex rel. Weber v. TuckerMissouri Court of Appeals · 1888
- Cruzen v. StephensSupreme Court of Missouri · 1894
- Rose v. TrestrailMissouri Court of Appeals · 1895
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3Cited by7 opinions
- Block v. United States Fidelity & Guaranty Co.Supreme Court of Missouri · 1926
- Alexander v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1931
- Clapper v. ChandlerMissouri Court of Appeals · 1966
- State Ex Rel. Barkwell v. TrimbleSupreme Court of Missouri · 1925
- City of Brunswick Ex Rel. Barkwell v. ScottMissouri Court of Appeals · 1924
2 more not listed; retrieve them via the Exa API.