State ex rel. Attorney General v. Seay
Supreme Court of Missouri
Quo Warranto. 1. The relator insists that there existed no vacancy on the 5th of March. 1875, in said office, and as the governor could order an election only in case of a vacancy, the election of defendant was a nullity. The Constitution of 1865, Art. 6, § lé, provides that circuit judges “ shall be elected for the term of six years, but may continue in office until their successors shall be elected and qualified.”
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Quo Warranto. 1. The relator insists that there existed no vacancy on the 5th of March. 1875, in said office, and as the governor could order an election only in case of a vacancy, the election of defendant was a nullity. The Constitution of 1865, Art. 6, § lé, provides that circuit judges “ shall be elected for the term of six years, but may continue in office until their successors shall be elected and qualified.” The six years for which Gale was elected expired, but as there was no one to succeed Gale he held over, and being rightfully judge at the time the governor ordered an election,…
1Opinion of the CourtHenry, Judge
This is-a proceeding by the State, through the attorney general, to try the right of the defendant to the office of judge of the ninth judicial circuit.
In November, 1868, D. Q. Gale and one Peter B. McCord were candidates for judge of the ninth judicial circuit. On the *96first Monday in January, 1869, Gale entered upon the discharge of the duties of the office, and continued to discharge them until the expiration of the term of office commencing on that day. In November, 1874, Peter B. McCord was duly elected to succeed Gale, received his commission from the governor, and in December, 1874,…
2Cases cited2 opinions
- State ex rel. Tredway v. LuskSupreme Court of Missouri · 1853
- People ex rel. Andrews v. LordMichigan Supreme Court · 1861
3Cited by33 opinions
- State ex rel. Carson v. HarrisonIndiana Supreme Court · 1888
- Gosman v. State ex rel. SchumacherIndiana Supreme Court · 1886
- People ex rel. Sweet v. WardCalifornia Supreme Court · 1895
- State ex rel. Robert v. MurphySupreme Court of Florida · 1893
- Ballantyne v. BowerWyoming Supreme Court · 1909
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