State ex rel. Kiel v. Baird
Supreme Court of Missouri
•Appeal from First District Court. I. Appellant, Baird, was in possession of the office of treasurer at the time respondent filed his information, and held said office in virtue of a regular commission issued by the County Court, and the court below was bound to presume that said commission was valid, in the absence of evidence to show that it was invalid. (State v. Kupferle, 44 Mo. 154.) II.
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•Appeal from First District Court. I. Appellant, Baird, was in possession of the office of treasurer at the time respondent filed his information, and held said office in virtue of a regular commission issued by the County Court, and the court below was bound to presume that said commission was valid, in the absence of evidence to show that it was invalid. (State v. Kupferle, 44 Mo. 154.) II. The evidence offered by appellant, to prove that the relator was insane at the time of his removal, should have been admitted. If he was in fact then insane, he was in effect civilly dead, and the court…
1Opinion of the CourtCurrier, Judge
This is a quo wctrranto proceeding. The information shows and the answer admits that Kiel, the relator, was duly elected treasurer of Cooper county in 1868, and that he duly qualified and assumed the duties of that office. He was elected for a term of two years. It further appears that the attorney for Cooper county, in December, 1869, presented to the County Court of that county an information in which he alleged that Kiel had then been unable to attend to the duties of the office for a period of fifty days ; that he was not likely to be in a condition to resume his official duties for some…
2Cited by3 opinions
- State ex rel. McGuyer v. HuffIndiana Supreme Court · 1909
- Brown v. Galveston Wharf Co.Texas Supreme Court · 1899
- Kiehne v. WessellMissouri Court of Appeals · 1893