Leach v. McDonald
| Decision Date | 17 December 1910 |
| Citation | 132 S.W. 1075,231 Mo. 586 |
| Parties | LEACH v. McDONALD. |
| Court | Missouri Supreme Court |
Rev. St. 1899, § 3029 (Ann. St. 1906, p. 1736), relating to elections to determine local option, requires the city council to give notice of such election "by publication in some newspaper published in the county," and permits the municipal body ordering the election to give such other notice as it may think proper to give publicity to the election. Held, that the city council were not thereby required to select or designate the newspaper in which such notice should be published, but that the publication might be made in any newspaper published in the county.
In Banc. Case Certified from Springfield Court of Appeals.
Habeas corpus in the Court of Appeals by Harvey Leach. Petitioner remanded, and cause certified to the Supreme Court. Affirmed.
This is a proceeding by habeas corpus, instituted by the petitioner in the Springfield Court of Appeals. The prayer for release was denied, and the petitioner was remanded to the custody of the sheriff. However, that court considered its opinion delivered therein was in conflict with the following opinion, delivered by the Kansas City Court of Appeals, to wit, State v. Gatlin, 128 S. W. 806, and in consequence thereof the cause was, under the provisions of the Constitution, certified to this court.
The petitioner was arrested by virtue of a warrant duly issued under an information, filed by the prosecuting attorney of Jasper county, charging him with a violation of the local option law of Webb City, which was charged to be in force in said city. The petitioner failing to give bond for his appearance in court to answer said information, he was committed to the county jail of said county for safe-keeping. By this proceeding the petitioner seeks to be released from custody and restored to liberty. The substance of the petitioner's complaint is that the act of the Legislature, known as the "local option law," was never legally adopted in Webb City, for the reason contended, "that the city council, in calling the election at which the question of the adoption of said act was submitted, failed to select or designate the newspaper in which notice of the calling of said election should be published."
The return of the sheriff practically admits all the allegations of the petitioner, but denies that the law required the city council to designate the...
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State ex rel. City of Memphis v. Hackman
...the election was to be held and the purpose of same was all that was necessary. This conclusion was reached by this court in Ex parte Leach v. McDonald, supra, overruling State Gatlin, 143 Mo.App. 605, 128 S.W. 806, and State ex rel. v. Baldwin, 109 Mo.App. 573, which held to the contrary. ......
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State v. Hackman
...for same did not designate the papers in which they were to be published. Humphreys v. Humphreys, 178 S. W. 52; Ex parte Leach v. McDonald, 231 Mo. 586, 132 S. W. 1075, affirming Ex parte Leach, 149 Mo. App. 321, 130 S. W. 394; Bauch v. Cabool, 165 Mo. App. loc. cit. 494, 148 S. W. 1003. Ho......
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Bauch v. City of Cabool
... ... State ex rel. v. Gordon, 217 Mo. 110; Oloughlin ... v. Kirkwood, 107 Mo.App. 302; Ex parte Leach, 149 ... Mo.App. 326; State v. Dugan, 110 Mo. 146. (3) The ... designation at the usual voting places in the city of Cabool, ... Missouri, is a ... ...
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Bauch v. City of Cabool
...Kansas City Court of Appeals, and therefore we transferred the case to the Supreme Court, and in an opinion reported in Leach v. McDonald, 231 Mo. 586, 132 S. W. 1075, the decision of this court was upheld, and the conflicting cases The third objection to the election is that the board of a......