State ex rel. Vail v. Draper
Supreme Court of Missouri
Petition for Mandamus. Relator is in under color of title at least — that is, under the commission issued by Governor McClurg to him, on the 20th day of April, 1869. Even though the commission may have been wrongfully issued to Yail, and Vail may not have been elected, the commission for that reason is not void; he was and is de facto judge (St. Louis County Court-v. Sparks, 10 Mo. 118), and could only be ousted by the means and in the manner designated by law.
Read the full summary
Petition for Mandamus. Relator is in under color of title at least — that is, under the commission issued by Governor McClurg to him, on the 20th day of April, 1869. Even though the commission may have been wrongfully issued to Yail, and Vail may not have been elected, the commission for that reason is not void; he was and is de facto judge (St. Louis County Court-v. Sparks, 10 Mo. 118), and could only be ousted by the means and in the manner designated by law. (Counsel here reviewed and commented upon the cases of State ex rel. Jackson v. Auditor, 34 Mo. 3T5; Winston v. Auditor, 35 Mo. 146;…
1Opinion of the CourtWagkeR, Judge
The relator asks this court to grant a peremptory mandamus to compel the State auditor to issue a warrant in his favor for salary as judge of the Fifteenth Judicial Circuit, for the fiscal quarter ending on the 30th of June, 1871. The action of the auditor in refusing to draw the warrant is based on the fact that the official register in the office of the Secretary of State shows that on the 14th of April, 1871, the governor of this State commissioned Louis F. Dinning to be judge of the said circuit.
The record in the case, as made up by the pleadings, shows *215that both Yail and Dinning trace…
2Cases cited4 opinions
- St. Louis County Court v. SparksSupreme Court of Missouri · 1846
- State ex rel. Jackson v. ThompsonSupreme Court of Missouri · 1865
- State ex rel. Jackson v. MoseleySupreme Court of Missouri · 1864
- Winston v. MoseleySupreme Court of Missouri · 1864
3Cited by17 opinions
- Morton v. BroderickCalifornia Supreme Court · 1897
- State ex rel. Tolerton v. GordonSupreme Court of Missouri · 1911
- State ex rel. Evans v. GordonSupreme Court of Missouri · 1912
- State Ex Rel. Gallagher v. Kansas CitySupreme Court of Missouri · 1928
- State ex rel. Vail v. ClarkSupreme Court of Missouri · 1873
12 more not listed; retrieve them via the Exa API.