Young v. Brassfield
Decision Date | 10 October 1949 |
Docket Number | No. 41365.,41365. |
Citation | 223 S.W.2d 491 |
Parties | YOUNG et al. v. BRASSFIELD et al. |
Court | Missouri Supreme Court |
The purpose sought by this suit is stated by the appellants in their brief as follows:
Appellants claimed that the notices were insufficient in two respects. They were: first, that only four notices of the election had been posted, whereas Section 10358, R.S.Mo.1939, Laws of Missouri, 1945, p. 1630, Mo.R.S.A. § 10358, and Section 10418, R.S.Mo.1939, Mo.R.S.A., require five such notices to be posted; second, that the notices specified the time of holding such election to be from 3 o'clock P.M. to 5 o'clock P.M., whereas the statute 10418, supra, provides that such elections shall begin at 2 o'clock P.M.
The validity of the election was the sole issue tried. The trial court found for the defendants and plaintiffs appealed.
We have carefully examined the record and briefs in this case and have determined that this court does not have jurisdiction of this appeal. Appellants in their brief state that this court has jurisdiction for the following reasons:
This court's appellate jurisdiction is prescribed by Section 3 of Article 5, Constitution of 1945. There is no constitutional question involved in this case and appellants in their petition did not raise any such question. To give this court jurisdiction the constitutional question must be raised at the first opportunity and kept alive, and it must also be...
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