State ex rel. Speck v. Geiger
Supreme Court of Missouri
Appeal from Texas Circuit Court.—IIon. Y. B. Hill, Judge. I. The fact that Kelly was not a resident of Texas county did not render him ineligible as a candidate for the office of prosecuting attorney for that county. II. Admitting that this fact did disqualify him, the clerk and justices casting up the vote acted in a ministerial capacity and could not inquire into the eligibility of the candidates.
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Appeal from Texas Circuit Court.—IIon. Y. B. Hill, Judge. I. The fact that Kelly was not a resident of Texas county did not render him ineligible as a candidate for the office of prosecuting attorney for that county. II. Admitting that this fact did disqualify him, the clerk and justices casting up the vote acted in a ministerial capacity and could not inquire into the eligibility of the candidates. State v. Harrison, 38 Mo. 540; State v. Steers, 44 Mo. 223 ; 23 Wendell 228; 4 Cowan 297; 3 Brev. 264; 1 McCord 52 ; Ex parte Heath, 3 Hill 42 ; Morgan v. Quackenbush, 22 Barb. 72; People v. Cook,…
1Opinion of the CourtHough, J.
This was a proceeding by information in the nature of a quo warranto in which judgment of ouster *310was rendered against the defendant. At the general election in 1872, the relator was elected prosecuting attorney in and for the county of Texas, for the period of two years from and after the 1st day of January, 1873, and until his successor should be duly elected and qualified. The relator was duly commissioned and qualified as such officer, and entered upon the duties of his office, and continued to discharge the same until the first day of January, 1875, when, it is alleged, the defendant…
2Cited by6 opinions
- State Ex Rel. McNary v. StussieSupreme Court of Missouri · 1974
- Fielder v. StateCourt of Criminal Appeals of Texas · 1899
- Ensworth v. CurdSupreme Court of Missouri · 1878
- State ex rel. Von Stade v. TaylorSupreme Court of Missouri · 1909
- Ex parte AllenSupreme Court of Missouri · 1878
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