State ex rel. Burns v. Gibson
Supreme Court of Missouri
Appeal from Linn Circuit Court. — Hon. John P. Butler, Judge. (1) Section 8427, Revised Statutes 1889, is unconstitutional for the reason that it is in conflict with section 8 of article 9 of the Constitution.
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Appeal from Linn Circuit Court. — Hon. John P. Butler, Judge. (1) Section 8427, Revised Statutes 1889, is unconstitutional for the reason that it is in conflict with section 8 of article 9 of the Constitution. State ex rel. v. Basford, 67 Mo. 331; Webb v. Lafayette County, 67 Mo. 353'; Hayes v. Dowis, 75 Mo. 250 ; State ex rel. v. Francis, 95 Mo. 44; State ex rel. v. Mayor of St. Louis, 73 Mo. 435; State ex rel. v. Harris, 96 Mo. 29; State ex rel. v. Sutterfield, 54 Mo. 391; State v. Winkelmeier, 35 Mo. 103; State ex rel. v. McGowan, 138 Mo. 187. (2) This provision of the Constitution is not…
1Opinion of the CourtBurgess, J.
— This is a proceeding in the nature of quo warranto, begun in the circuit court of Linn, county by Thomas P. Burns, the prosecuting attorney of said county, against the respondent, M. L. Gibson, the purpose of which is to oust him from the office of township clerk and ex-officio assessor of Locust Creek township in said county, which, it is charged in the petition, he has since the first day of May, 1899, unlawfully usurped, held, used and exercised, when in truth and in fact there was, and is now, no such office as township clerk and ex-officio assessor of Locust Creek township in said…
2Cases cited1 opinion
- State ex rel. Litson v. McGowanSupreme Court of Missouri · 1897
3Cited by7 opinions
- State ex inf. Major v. Kansas CitySupreme Court of Missouri · 1911
- Geneva Inv. Co. v. City of St. Louis, Mo.Court of Appeals for the Eighth Circuit · 1937
- Wilcox v. PhillipsSupreme Court of Missouri · 1914
- State ex rel. Blades v. Wabash RailroadSupreme Court of Missouri · 1913
- State ex rel. Howard v. Estate of TimbrookSupreme Court of Missouri · 1912
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