Nos. 46953, 47204.

321 S.W.2d 667 (1959)

James Collier BOGGESS, Appellant, v. Robert J. PENCE, Mayor, et al., Respondents. Petition of the MAYOR, COUNCILMEN AND CITIZENS OF the CITY OF LIBERTY, Missouri, for a pro forma decree, etc., Respondents, v. James Collier BOGGESS et al., Appellants.

Supreme Court of Missouri, En Banc.

March 9, 1959.

Attorney(s) appearing for the Case

Richard Watson, North Kansas City, for William R. Riggs.

Rufus Burrus, Independence, for James Collier Boggess.

William E. Turnage, City Atty., Liberty, Robert B. Fizzell, Robert B. Fizzell, Jr., Stinson, Mag, Thomson, McEvers, & Fizzell, Kansas City, for respondents.

DALTON, Judge.

Causes Nos. 46,953 and 47,204 have been consolidated on appeal, because both appeals involve a common issue in that the validity of different ordinances of the same municipal corporation are questioned on the same ground, to wit, that one of its councilmen was not legally elected to his said office under the charter of said city. Appellants claim that all of the acts of the city in which this particular individual participated as a councilman (including...

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