State ex inf. Barker v. Smith
Supreme Court of Missouri
Appeal from Platte Circuit Court. — Son. A. D. Burnes, Judge. (1) Defendants did not assert the right to the same office; each claimed his right by a separate election and qualification to a separate and distinct office of one hoard of directors. Therefore the right to challenge their authority to act did not come within the provisions of Sec. 2633, Revised Statutes 1907, and the defendants were right in raising this question in their separate answers.
Read the full summary
Appeal from Platte Circuit Court. — Son. A. D. Burnes, Judge. (1) Defendants did not assert the right to the same office; each claimed his right by a separate election and qualification to a separate and distinct office of one hoard of directors. Therefore the right to challenge their authority to act did not come within the provisions of Sec. 2633, Revised Statutes 1907, and the defendants were right in raising this question in their separate answers. State ex rel. v. Yallins, 140 Mo. 535. (2) The proceedings for the organization of the consolidated district failed to sufficiently indicate…
1Opinion of the CourtWoodson, J.
This is a proceeding by quo warranto, instituted in the circuit court of Platte County by the Attorney-General, against the defendants, to oust *171them from the office of school directors of School District No. 26 of that county. The trial resulted in a judgment of ouster, and after taking proper preliminary steps, the defendants appealed the cause to this court.
"While there were several questions presented to the trial court, there are hut two pressed upon this court for determination. This very much simplifies the facts, and renders it unnecessary to burden the opinion with the pleading or…
2Cases cited5 opinions
- State ex inf. Major v. WoodsSupreme Court of Missouri · 1911
- School District Number 1 v. School District Number 4Supreme Court of Missouri · 1887
- State ex rel. Hilbert v. GlavesSupreme Court of Missouri · 1916
- State ex inf. Wright v. MorganSupreme Court of Missouri · 1916
- State ex rel. School District No. 45 v. CloudMissouri Court of Appeals · 1915
3Cited by13 opinions
- Spiking School District No. 71 v. Purported "Enlarged School District R-IISupreme Court of Missouri · 1952
- State Ex Inf. McAllister Ex Rel. Lincoln v. BirdSupreme Court of Missouri · 1922
- State v. Consolidated Sch. Dist. No. 4 of Iron CountySupreme Court of Missouri · 1967
- Spilker v. Bethel Special School Dist.Missouri Court of Appeals · 1950
- State Ex Rel. Fry v. LeeSupreme Court of Missouri · 1926
8 more not listed; retrieve them via the Exa API.