Legal Opinion

State ex rel. Attorney-General v. Pearcy

Supreme Court of Missouri

Decided March 15, 1869PublishedCited by 9 opinions

Information in the nature of a quo warranto. As appears from the petition of the attorney-general, under the act of February 9, 1864, establishing a recorder’s office for the county of Buchanan, respondent was, in November, 1864, elected recorder of the county, and was again elected in November, 1866; and afterward, in the general election, held in November, 1868, one Alexander Bell was elected to the same office.

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Information in the nature of a quo warranto. As appears from the petition of the attorney-general, under the act of February 9, 1864, establishing a recorder’s office for the county of Buchanan, respondent was, in November, 1864, elected recorder of the county, and was again elected in November, 1866; and afterward, in the general election, held in November, 1868, one Alexander Bell was elected to the same office. But respondent, claiming to hold for four years from his last election, by virtue of the provisions of Gen. Stat. 1865, ch. 26, § 25, refused to yield possession, and this…

1Opinion of the CourtCurrier, Judge

This is an information in the nature of a quo warranto, and is designed to test the right of respondent to the office of recorder of deeds of Buchanan county. He claims to hold the office in virtue of an election in 1866, for four years, under the provisions of the General Statutes (Gen. Stat. 1865, p. 159, ch. 26, § 25) and a commission issued to him in pursuance of such election. The relator insists that the election of 1866 was under the provisions of the special act separating the office of recorder from that of the clerk of the Circuit Court of that county. (Adj. Sess. Acts 1863, p. 502,…

2Cases cited1 opinion

  1. State ex rel. Vastine v. McDonaldSupreme Court of Missouri · 1866

3Cited by9 opinions

  1. State ex inf. Barker v. DuncanSupreme Court of Missouri · 1915
  2. State ex inf. Hadley v. CorcoranSupreme Court of Missouri · 1907
  3. Howard v. HulbertSupreme Court of Kansas · 1901
  4. Hampton v. HickeySupreme Court of Arkansas · 1908
  5. In Re JamesCourt of Criminal Appeals of Oklahoma · 1910

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