State ex inf. Folk v. Talty
Supreme Court of Missouri
Prohibition. (1) In 46 Mo. 529, tbe Supreme Oourt decided that an information in the nature of a quo warranto under the statute must show affirmatively that the relator has a title to the office if the defendant’s title be defective, and therefore must show that the relator possessed all the requisite qualifications for the office.
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Prohibition. (1) In 46 Mo. 529, tbe Supreme Oourt decided that an information in the nature of a quo warranto under the statute must show affirmatively that the relator has a title to the office if the defendant’s title be defective, and therefore must show that the relator possessed all the requisite qualifications for the office. The petitioner, Buechner, did not state in the petition for a mandamus that he had taken the oath as prescribed by section 6 of article 3 of the charter of the city of St. Louis, Missouri, before the register and filed the same in his office, stating that he…
1Opinion of the Court
BURGESS, I.
On June 18, 1901, Joseph W. Eolk was circuit attorney within and for the city of St. Louis, and Thomas J. Buckley was a member of the'House of Delegates from the Twenty-fourth ward in said city. And on that day the State of Missouri at the relation of William G. Buechner presented a petition to one of the judges of the circuit court of said city, the Hon. John A. Talty, in which he alleged that he was legally elected to the position then and now unlawfully held by said Thomas J. Buckley, and requesting that a writ of mandamus be issued, commanding Joseph Eolk as circuit attor*540ney…
2Cases cited5 opinions
- State ex rel. McCaffery v. AloeSupreme Court of Missouri · 1899
- City of Detroit v. HosmerMichigan Supreme Court · 1890
- State ex rel. Adamson v. Lafayette County CourtSupreme Court of Missouri · 1867
- Attorney General v. SullivanMassachusetts Supreme Judicial Court · 1895
- People ex rel. Peabody v. Attorney GeneralNew York Supreme Court · 1856
3Cited by18 opinions
- Brack v. WellsCourt of Appeals of Maryland · 1944
- Baer v. GoreWest Virginia Supreme Court · 1916
- Carson v. OxenhandlerMissouri Court of Appeals · 1960
- State ex inf. Dorian v. TaylorSupreme Court of Missouri · 1907
- State Ex Rel. Hopkins v. StemmonsMissouri Court of Appeals · 1957
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