Legal Opinion

State ex rel. Walker v. Powles

Supreme Court of Missouri

Decided December 15, 1896PublishedCited by 5 opinions

Quo Warranto. Respondent’s commission issued in August; 1889, terminated at the general election in 1890, when all justices were elected for a term of four years by the terms of the statute; his commission issued in November, 1892, by its own terms and the law ended in November, 1894. Whether it be held that Howell township was, in November, 1894, entitled to three justices, one of whom should be a resident of West Plains, or only entitled to two as other townships, the full…

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Quo Warranto. Respondent’s commission issued in August; 1889, terminated at the general election in 1890, when all justices were elected for a term of four years by the terms of the statute; his commission issued in November, 1892, by its own terms and the law ended in November, 1894. Whether it be held that Howell township was, in November, 1894, entitled to three justices, one of whom should be a resident of West Plains, or only entitled to two as other townships, the full number were elected, commissioned and qualified. And whether respondent’s commission expired by its own terms or…

1Opinion of the CourtBrace, C. J.

This is a proceeding by quo warranto on the information of the attorney general to oust the defendant from his tenure of the office of justice of the peace within and for Howell township, Howell county, state of Missouri.

The answer of the respondent to the information, is, in substance: That on the ninth day of August, 1889, he was appointed justice of the peace within and for the city of West Plains; that said city is in the township of Howell, in Howell county, Missouri, having a population of more than two thousand, and less than one hundred thousand inhabitants; that at the time of his…

2Cases cited5 opinions

  1. State ex rel. Attorney General v. RansonSupreme Court of Missouri · 1880
  2. State ex rel. Read v. WeatherbySupreme Court of Missouri · 1869
  3. State ex rel. Harris v. McCannSupreme Court of Missouri · 1885
  4. State ex rel. Brown v. SpitzSupreme Court of Missouri · 1895
  5. State ex rel. Rice v. SimmonsMissouri Court of Appeals · 1889

3Cited by5 opinions

  1. State ex inf. Crow v. FlemingSupreme Court of Missouri · 1898
  2. State ex rel. Phelps v. JacksonSupreme Court of Vermont · 1907
  3. State v. LamanceSupreme Court of Missouri · 1941
  4. State ex informatione Crow v. LundSupreme Court of Missouri · 1902
  5. State Ex Inf. Gentry v. ToliverSupreme Court of Missouri · 1926

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