State ex rel. Baker v. Fiala
Supreme Court of Missouri
Petition for Quo Warranto. The object of the Legislature was to create uniformity in the several counties requiring a treasurer, and courts must so construe the several enactments as to carry out that intention in good faith.
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Petition for Quo Warranto. The object of the Legislature was to create uniformity in the several counties requiring a treasurer, and courts must so construe the several enactments as to carry out that intention in good faith. Had the Legislature intended to except the county of St. Louis from the system of biennial elections for county treasurers in the several counties, such intention should have been expressed by declaring said law not applicable to St. Louis county, as is done in the law concerning assessors (Gen. Stat. 1865, ch. 12, § 1). Standing as it does, the only law in force under…
1Opinion of the CourtCurrier, Judge
This is a proceeding in the nature of a writ of quo warranto, and is designed to test the right of the respondent to the office of treasurer of the county of St. Louis. He claims the office under and by virtue of an appointment by the St. Louis County Court, made January 5, 1871, to fill a supposed vacancy. If the vacancy in fact existed, it is not questioned that the court had the right to fill it; but if there was no vacancy, then the action of the court was nugatory and the respondent took nothing by the appointment. Whether or not there was an existing vacancy at the time of the…
2Cases cited2 opinions
- State ex rel. Vastine v. McDonaldSupreme Court of Missouri · 1866
- State ex rel. Attorney-General v. PearcySupreme Court of Missouri · 1869
3Cited by3 opinions
- Reynolds v. Prudential Insurance Co. of AmericaMissouri Court of Appeals · 1901
- State v. FitzporterMissouri Court of Appeals · 1885
- Gazollo v. McCannMissouri Court of Appeals · 1895