State ex rel. Bueneman v. Kurtzeborn
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. Section 2 of the special act of 1875, referred to in the opinion, provides: “All constables now in office in the county of St. Louis, shall hold their respective offices until the general election to be holden in the year 1878, and until their successors are duly elected and. qualified.”
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Appeal from St. Louis Court of Appeals. Section 2 of the special act of 1875, referred to in the opinion, provides: “All constables now in office in the county of St. Louis, shall hold their respective offices until the general election to be holden in the year 1878, and until their successors are duly elected and. qualified.” Section 8 of article 14 of the constitution of 1875, provides: “Nor shall the term of any office be extended for a longer period than that for which such officer was elected or appointed.”
1Opinion of the CourtSherwood, J.
Action on a constable’s bond. The constable was elected in November, 1874, and his term consequently expired, under statutory provisions, two years thereafter, or in November, 1876. But under another statutory provision, he continued in office, until his successor was elected and qualified. Wag. Stat., 968, § 1. The conversion of the money collected occurred, according to the petition, January 28th, 1877, and this suit was brought January 6th, 1879. Under the section just mentioned, Kurtzeborn’s term of office did not expire until his successor was elected and qualified. He, therefore,…
2Cases cited1 opinion
- Long v. SeaySupreme Court of Missouri · 1880
3Cited by6 opinions
- County of King v. FerryWashington Supreme Court · 1893
- Eddy v. KincaidOregon Supreme Court · 1895
- Lynn v. Mayor of CumberlandCourt of Appeals of Maryland · 1893
- City of Grand Haven v. United States Fidelity & Guaranty Co.Michigan Supreme Court · 1901
- St. Louis Union Society v. MitchellMissouri Court of Appeals · 1887
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