State ex inf. Sutton v. Fasse
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (1) The- information was filed by tbe prosecuting attorney ex officio, and therefore the burden is on respondent to show that he rightfully and lawfully holds and uses the office of school director.
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Transferred from St. Louis Court of Appeals. (1) The- information was filed by tbe prosecuting attorney ex officio, and therefore the burden is on respondent to show that he rightfully and lawfully holds and uses the office of school director. State ex inf. v. Yallins, 140 Mo. 527; State ex inf. v. Berkely, 140 Mo. 184; State ex inf. v. Hogan, 163 Mo. 52; State ex rel. v. McCann, 88 Mo. 386. When the State by q%io loarranto calls upon an individual to show title to an office, he must show the continued existence of every qualification necessary to the enjoyment of the office People v.…
1Opinion of the CourtLamm, J.
Quo warranto on the information of the prosecuting attorney of Lincoln county, ex officio, to try the title of Fasse to the office of school director of district 1, township 48, range 2, of Lincoln county.
Judgment was rendered below for respondent and relator appealed to the St. Louis Court of Appeals, where, on January 20, 1903, the judgment of the lower' court was affirmed, the St. Louis Court of Appeals speaking through Goode, J. A rehearing was granted on the suggestion that the St. Louis Court of Appeals had no jurisdiction, and that this court under section 12 of article 6 of the State…
2Cases cited2 opinions
- State ex rel. Frisby v. HillSupreme Court of Missouri · 1899
- State ex rel. Walker v. RebenackSupreme Court of Missouri · 1896
3Cited by9 opinions
- State on the Information of Mitchell v. HeathSupreme Court of Missouri · 1939
- State Ex Rel. Davidson v. CaldwellSupreme Court of Missouri · 1925
- Ramsey v. HuckSupreme Court of Missouri · 1916
- State Ex Inf. Thompson Ex Rel. Pugh v. BrightSupreme Court of Missouri · 1923
- State Ex Rel. Worsham v. EllisSupreme Court of Missouri · 1931
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