State ex rel. Circuit Attorney v. Hermann
Missouri Court of Appeals
Information of quo-warranto. That the word “ abolished ” is used in the body of the act instead of the word “ vacated ” is neither such a departure from the subject-matter of the title of the act, nor from its express language, as will affect its validity. — St. Louis v. Tiefel, 42 Mo. 578 ; The State v. Matthews, 44 Mo. 523; The State v. Miller, 45 Mo. 495; The State v. Saline County, 51 Mo. 350. The act is not a special law. — The State v. Tolle, 71 Mo. 645; The State v.…
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Information of quo-warranto. That the word “ abolished ” is used in the body of the act instead of the word “ vacated ” is neither such a departure from the subject-matter of the title of the act, nor from its express language, as will affect its validity. — St. Louis v. Tiefel, 42 Mo. 578 ; The State v. Matthews, 44 Mo. 523; The State v. Miller, 45 Mo. 495; The State v. Saline County, 51 Mo. 350. The act is not a special law. — The State v. Tolle, 71 Mo. 645; The State v. Finn, 8 Mo. App. 434; The State v. Shields, 4 Mo. App. 259. A mere legislative office is always subject to be controlled,…
1Opinion of the CourtLewis, P. J.
This is an information in the nature of quo warranto, filed by the circuit attorney, ex-officio. The questions to be determined arise upon a demurrer to the defendant’s answer. The defendant was regularly commissioned as a notary public within and for the city of St. Louis, on the twenty-eighth day of August, 1878, for a term of four years. He claims that it is his right to continue in office until August 28, 1882, notwithstanding the passage of an act of the General Assembly, entitled “An act to regulate the appointment of notaries public in all cities having a population of one hundred…
2Cases cited1 opinion
- People ex rel. Miller v. CooperIllinois Supreme Court · 1876
3Cited by8 opinions
- State ex rel. Campbell v. Police CommissionersMissouri Court of Appeals · 1883
- Reals v. SmithWyoming Supreme Court · 1899
- State v. TylerSupreme Court of Missouri · 1942
- In Re the Removal of JohnsonWyoming Supreme Court · 1977
- United States v. GreenU.S. Circuit Court for the District of Western Missouri · 1892
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