State ex inf. Hadley v. Herring
Supreme Court of Missouri
Appeal from Chariton Circuit Court. — Hon. Jno. P. Butler, Judge. (1) The words of section 11 of article 5 of the Constitution, declaring that the Governor’s appointee “shall continue in office until a successor shall have been duly elected and qualified according to law, ’ ’ mean exactly what they say, no more, no less. The Legislature could not enlarge them to mean the whole of the unexpired term.
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Appeal from Chariton Circuit Court. — Hon. Jno. P. Butler, Judge. (1) The words of section 11 of article 5 of the Constitution, declaring that the Governor’s appointee “shall continue in office until a successor shall have been duly elected and qualified according to law, ’ ’ mean exactly what they say, no more, no less. The Legislature could not enlarge them to mean the whole of the unexpired term. They mean that the Governor could fill the vacancy by appointment for that part of the term extending up to the election and qualification of the appointee’s successor, and that the balance of the…
1Opinion of the CourtGantt, J.
This is a proceeding instituted in the circuit court of Chariton county by the Attorney-General of Missouri, at the relation of Cecil Wayland, against Edward IValter Herring, to determine the respective rights and claims of said Wayland and Herring to the office of collector of revenue of said county.
Herring’s claim to the office is by appointment made by the Governor on the 6th day of April, 1906, to fill a vacancy. Wayland was elected to the office at the general election on the 6th day of November, 1906, and thereafter qualified, and on the 11th day of December, 1906, demanded the office…
2Cases cited4 opinions
- State ex rel. Attorney General v. MeadSupreme Court of Missouri · 1879
- State ex rel. Tredway v. LuskSupreme Court of Missouri · 1853
- State ex rel. Attorney General v. McGovneySupreme Court of Missouri · 1887
- Morrison v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1888
3Cited by17 opinions
- Rathjen v. Reorganized School District R-IISupreme Court of Missouri · 1955
- Bank of Washington v. McAuliffeSupreme Court of Missouri · 1984
- Hooper v. AlmandSupreme Court of Georgia · 1943
- School District of Kansas City v. StateSupreme Court of Missouri · 2010
- State v. FenleySupreme Court of Missouri · 1925
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