Section 108.310

Title VIII PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS

Chapter 108

Effective - 28 Aug 1939   

  108.310.  Petition for pro forma decree. — Whenever the state of Missouri, or any county, township, school district or municipality shall have issued bonds under and by authority of any provision of the Constitution of the state of Missouri, or any law enacted in pursuance thereof, the state, county, township, school district or municipality issuing said bonds may file in the circuit court of the county having jurisdiction of the subject matter a petition praying for a pro forma decree of the court authorizing the issuance of such bonds.  The petition for such pro forma decree shall succinctly set forth all the historical facts relating to and concerning the issuance of said bonds, and shall be accompanied by a certified copy of all records, notices, publications, orders, resolutions and other documents pertaining thereto, and shall pray for an order and judgment of such court declaring the validity of the proposed bond issue.

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(RSMo 1939 § 3312)

Prior revision: 1929 § 2926

(1959) Pro forma decree adjudicating validity of city bond issue upheld against charge petition was in nature of ex parte proceeding and there was no justiciable controversy where appellants had appeared personally and filed intervening petition alleging invalidity of bond issue.  Boggess v. Pence (Mo.), 321 S.W.2d 667.