Elting v. Hickman

72 S.W. 700, 172 Mo. 237, 1903 Mo. LEXIS 151
CourtSupreme Court of Missouri
DecidedFebruary 24, 1903
StatusPublished
Cited by27 cases

This text of 72 S.W. 700 (Elting v. Hickman) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Elting v. Hickman, 72 S.W. 700, 172 Mo. 237, 1903 Mo. LEXIS 151 (Mo. 1903).

Opinion

BURGESS, J.

This is an action by plaintiffs, taxpaying citizens of the county of Jasper, against the defendants, judges of the county court of said county, to restrain and enjoin them as such court, from drawing-warrants on the county treasurer of said county in favor of* certain specified road districts organized in said county under the provision of an act of the General Assembly of the State of Missouri, entitled, “An act to provide for working and improving the public roads, by the organization of special road districts of territory not more than six miles square, in which is located a city of the third or fourth class, except cities of the third class organized under special charter, and to raise revenue therefor, and to further provide that when this act shall become a law it shall take effect and be in force only in such prescribed territory wherein the county courts shall, by order of record, declare the same to be the law in such prescribed territory where adopted by the legal voters thereof — with an emergency clause, ’ ’ approved March 9,1895. [Laws 1895, p. 253.]

The petition, leaving off the formal parts, is as follows:

“Plaintiffs state that the plaintiff Alonzo Elting is a resident taxpaying- citizen of Madison township, Jasper county, Missouri; that plaintiff Charles D. James is a resident taxpaying citizen of Marion township, Jasper county, Missouri; and that plaintiff H. D. Hoover is a resident taxpaying citizen of Preston township, Jasper county, Missouri; and that plaintiff I. S. [244]*244Thompson is a resident taxpaying citizen of Sheridan township, Jasper county, Missouri; and that plaintiff Daniel Bickell is a resident taxpaying citizen of Lincoln township, Jasper county, Missouri; and that plaintiff George W. Duncan is a resident taxpaying citizen of McDonald township, Jasper county, Missouri; and that plaintiff W. E. Bridges is a resident taxpaying citizen of Sarcoxie township,- Jasper county, Missouri; and that plaintiff W. H. Rogers is a resident taxpaying citizen of Union township, Jasper county, Missouri; and that plaintiff Hiram Smith is a resident taxpaying citizen of Jackson township, Jasper county, Missouri; and that plaintiff J. C. Harvey is a resident taxpaying citizen of Galena township, Jasper county, Missouri; and that plaintiff J. H. McBee is a resident taxpaying citizen of Twin Grove township, Jasper county, Missouri; and that plaintiff Edward S. Billingslea is a resident taxpaying citizen of Jasper county, Missouri; and that plaintiff George Sawyer is a resident taxpaying citizen. of Duval township, Jasper county, Missouri.
“Plaintiffs further say that the defendant J. M. Hickman is the duly elected, qualified and acting presiding judge of the county court of Jasper county, Missouri; that the defendant W. R. Schooler is the duly elected, qualified and acting associate judge of the county court of Jasper county, Missouri, for the eastern district of said county; that the defendant M. O. Terry is the duly elected, qualified and acting associate judge of the county court of Jasper county, Missouri, for the western district of said county; that the said three defendants compose and are the county court of Jasper county, Missouri.
“Plaintiffs further state that the city of Carter-ville is a city of the fourth class, situated in Joplin township, Jasper county, Missouri; that the city of Webb City is a city of the third class, situated in Joplin township, Jasper county, Missouri; that the city of Joplin is a city of the third class, situated in Galena township, Jasper county, Missouri.
[245]*245“Plaintiffs further say that by virtue of an act of the General Assembly of the State of Missouri, approved March 9, 1895, entitled, ‘an act to provide for working and improving public roads, by the organization of special road districts of territory of not more than six miles square, in which is located a city of the third or fourth class, except cities -of the third clasp organized under a special charter, and to raise revenue therefor, and to further provide that when this act shall become a law it shall take effect and be in force only in such prescribed territory wherein the county court shall, by order of record, declare the same to be the law in such prescribed territory where adopted by the legal voters thereof, with an emergency clause’, the city of Carterville, by proceedings duly had under said act on April 10, 1896, duly .organized a special road district not more than six miles square, which included the said ■city of Carterville, under the name and style of Carter-ville Special Road District. That a board of commissioners for said road district were duly and legally appointed in accordance with the provisions of law, and ■said road district is still in existence and its board of ■commissioners in active operation; that one W. B. Kane is the treasurer of the board of commissioners of said •Carterville Special Road District.
“That the city of Joplin, by proceeding duly had under said act on May 14, 1896, duly organized a special road district not more than six miles square, which ■included the said city of Joplin, under the name and style of the Joplin Special Road District; that a board -of commissioners for said road district were duly and legally appointed in accordance with the provisions of law, and said road district is still in existence, and its board of commissioners in active operation; that one T. W. Cunningham is the treasurer of the board of commissioners of said Joplin Special Road District.
“That the city of Webb City, by proceedings duly had under said act on September 10, 1896, duly organized a special road district, not more than six miles ¡square, which included .the said city of Webb City, un[246]*246der the name and style of the Webb City Special Road District; that a board of commissioners for said road district were duly and legally appointed in accordance with the provisions of law, and said road district is still in existence and its board of commissioners in active operation; that one J. P. Stewart is the treasurer of the board of commissioners of said Webb City Special Road District.
“Tour petitioners further say that the county court of Jasper county, by order duly entered of record, has heretofore declared said Act of 1895 to be the law in the territory prescribed and set out for each of said special road districts by their respective proceedings to-organize the same. Tour petitioners further state and charge that by virtue of their organizations, as special road districts as aforesaid, the Carterville Special Road District, the Joplin Special, Road District and the said Webb City Special Road District, have demanded and received from the county court of Jasper county, a large amount of the public money, they professing to act under and by virtue of section 17 of said act. That the-county court of Jasper county, on the demand of said special road districts, have issued their warrants in favor of said special road districts on the county treasurer of Jasper county, for large sums of money payable to the treasurer of the board of commissioners of said special road districts, or to other persons designated by the board of commissioners of said special road districts.

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Bluebook (online)
72 S.W. 700, 172 Mo. 237, 1903 Mo. LEXIS 151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elting-v-hickman-mo-1903.