State v. Searcy

Decision Date01 July 1892
Citation20 S.W. 186,111 Mo. 236
PartiesThe State v. Searcy, Appellant
CourtMissouri Supreme Court

[Copyrighted Material Omitted] [Copyrighted Material Omitted]

Certified from St. Louis Court of Appeals.


George Pepperdine and O. H. Travers for appellant.

H. E. Havens, Prosecuting Attorney, and Jas. R. Vaughan for the State.


Thomas, J.

This case is here on the certificate of the St. Louis court of appeals. 46 Mo.App. 422. The local-option election involved in this case has been twice before the St. Louis court of appeals (State v. Searcy, 39 Mo.App. 393, and the case at bar, 46 Mo. App., supra), and every question now urged for a reversal of the judgment has been disposed of, and correctly disposed of, by that court. The opinions of the court of appeals are so exhaustive and conclusive that we deem it a work of supererogation to add anything to them. It follows that the opinions in State v. Mackin, 41 Mo.App. 99, and State v. Prather, 41 Mo.App. 451, so far as they conflict with the Searcy cases, supra, are disapproved and overruled.

We reaffirm the constitutionality of the local-option statute. State v. Dillard Moore, 107 Mo. 78, 16 S.W. 937.

The judgment is affirmed. All concur.

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2 cases
  • The State ex rel. Harrison County Bank v. Springer
    • United States
    • Missouri Supreme Court
    • May 5, 1896
    ... ... before the valuation of property is raised; but after that is ... done, notice of the fact is required. And where such notice ... is required the fact that it has been given may be shown ... outside of the ecord. R. S. 1889, sec. 7519; State v ... Searcy, 46 Mo.App. 422; State v. Searcy, 111 ... Mo. 236; Black v. McGonigle, 103 Mo. loc. cit. 201 ... (4) The law requires that the county board of equalization ... shall meet on the first Monday in April, at which meeting ... valuations shall be raised when proper. The board is ... afterward ... ...
  • State ex rel. Franklin County v. Tibbe Electric Company
    • United States
    • Missouri Supreme Court
    • May 31, 1913
    ... ... Mo. 78; 8 Cyc. 800, sec. 4 ___ b, note 73. (3) Statutes are ... always presumed to be constitutional, and will be treated as ... such until the contrary is shown. State v. Thompson, ... 144 Mo. 314; Ex parte Renfro, 112 Mo. 591; State v ... Watts, 111 Mo. 553; State v. Searcy", 111 Mo ... 236; 8 Cyc. 801, note 74. (4) A county being a party to this ... suit, vests jurisdiction in this court. State ex rel. v ... Dent, 121 Mo. 162; Corbin v. Adair County, 171 Mo. 385 ...          John W ... Booth for respondent ...           ...        \xC2" ... ...

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