Notice of presentation of petition — intervening petition.

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Effective - 28 Aug 1939

108.320. Notice of presentation of petition — intervening petition. — 1. The state, county, township, school district or municipality, or the legal representative thereof, shall cause a notice to be published stating the time and place when said petition will be presented, which notice shall set forth the general objects and purposes of the petition and shall be published in at least two issues of some daily or weekly newspaper printed and published in the county where the suit is brought, the last insertion of which shall be not less than three nor more than seven days before the presentation of said petition.

2. Any taxpaying citizen may in person or by legal representative file an intervening petition contesting the validity of such bonds, and in case an intervening petition is filed on or before the day set for the presentation of such petition, the court shall set a definite time for the hearing of said cause at which time the court shall hear and determine all the evidence and see all proofs offered concerning the legality or illegality of such issue.

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(RSMo 1939 § 3313)

Prior revision: 1929 § 2927

(1959) Use of name "City of Liberty" throughout proceedings for issuance of bonds did not invalidate bond issue, although incorporating act provided actions should be prosecuted in name of "Mayor, Councilmen and Citizens of the City of Liberty" where both names were used interchangeably throughout act and city had proceeded under former name for many years. Boggess v. Pence (Mo.), 321 S.W.2d 667.


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