Legal Opinion

State ex rel. Vogel v. Bersch

Missouri Court of Appeals

Decided March 27, 1900Published

Appeal from the St. Louis City Circuit Court. — Hon. Horatio D. Wood, Judge. The return of the appellants to the alternative writ evidenced a degree of effrontery in its makers, which is without parallel in the history of municipal proceedings. Quaeris Alcidae parem % Nemo est nisi ipse. The respondent had been duly elected and admitted to the house of delegates as a lawfully elected member.

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Appeal from the St. Louis City Circuit Court. — Hon. Horatio D. Wood, Judge. The return of the appellants to the alternative writ evidenced a degree of effrontery in its makers, which is without parallel in the history of municipal proceedings. Quaeris Alcidae parem % Nemo est nisi ipse. The respondent had been duly elected and admitted to the house of delegates as a lawfully elected member. Lie had heen admitted, and his right to his seat conceded by the house, which had passed upon his qualifications. He had been appointed upon committees, had participated in the proceedings, had voted upon…

1Opinion

OPINION ON MOTION POE REHEARING.

BLAND, P. J.

On motion for rehearing counsel for Vogel contend, that he was expelled from the house of delegates by a majority and, not by a two-thirds vote.' The proceedings had by that body, as set forth in the return to the alternative writ of mandamus, shows that J. A. Sheridan presented to the house a petition setting forth that he was a candidate for the office at the election by which Vogel claims to have been elected; that he (Sheridan), received the next highest vote to Vogel; that Vogel was ineligible to the office, for the reason that he had been…

2Cases cited11 opinions

  1. State ex rel. Wood v. SchweickardtSupreme Court of Missouri · 1891
  2. Ferrenbach v. TurnerSupreme Court of Missouri · 1885
  3. Taylor v. City of CarondeletSupreme Court of Missouri · 1855
  4. City of St. Louis v. FosterSupreme Court of Missouri · 1873
  5. Linegar v. RittenhouseIllinois Supreme Court · 1879

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