Legal Opinion

State ex inf. Major v. Amick

Supreme Court of Missouri

Decided December 31, 1912PublishedCited by 18 opinions

Quo Warranto. (1) Eespondent’s position, that the election of his successor, Charles H. Mayer, was a nullity, is untenable.

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Quo Warranto. (1) Eespondent’s position, that the election of his successor, Charles H. Mayer, was a nullity, is untenable. The case of State ex inf. v. Dabbs, 182 Mo. 359, is not in point here. .(2) We also understand respondent to contend that he is entitled to hold said office until the first Monday in January, 1913, by virtue of sec. 5828, E. S. 1909. This general provision of the statute was enacted in 1879 (sec. 5527, E. S. 1879) at the same session of the Legislature at which section 3896 was enacted. There is no conflict between these sections. Both may be read together with full…

1Opinion of the CourtWoodson, J.

This is an original proceeding by quo warranto, instituted in this court, by the Attorney-G-eneral, against the respondent, William K. Amick, to show by what authority he holds the office and performs the duties of Judge of Division Number Two of the circuit court of Buchanan county, the same being the sixth circuit.

The writ was duly issued and respondent has entered his appearance, and, in order to secure a speedy determination of the. case, has filed his return, and consents that the case may, by the court, be taken up and disposed of'upon the briefs filed by the respective parties.

The…

2Cases cited10 opinions

  1. Frost v. WenieSupreme Court of the United States · 1895
  2. Ruschenberg v. Southern Electric RailroadSupreme Court of Missouri · 1901
  3. State ex rel. Cosgrove v. PerkinsSupreme Court of Missouri · 1897
  4. State ex rel. Harrison v. FrazierSupreme Court of Missouri · 1889
  5. City of St. Louis v. LaneSupreme Court of Missouri · 1892

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3Cited by18 opinions

  1. State ex inf. Barker v. DuncanSupreme Court of Missouri · 1915
  2. State ex rel. Clark v. GordonSupreme Court of Missouri · 1914
  3. State ex rel. Jones v. Chariton Drainage District No. OneSupreme Court of Missouri · 1913
  4. State Ex Rel. Moseley v. LeeSupreme Court of Missouri · 1928
  5. Aiken v. Sidney Steel Scraper Co.Missouri Court of Appeals · 1917

13 more not listed; retrieve them via the Exa API.

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