State on inf. Dearing v. Berkeley
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. —Hon. James E. G-reen, Judge. (1) The verdict of the trial court was against the law. Laws 1893, 1894, art. 4, sec. 25, p. 70. (2) The statute will be construed in its ordinary plain meaning, with reference to the time fixed by it when one seeking an office shall have paid his taxes, etc. Laws 1893, art. 4, sec. 25, p. 70; E. S. 1889, sec. 6570. (3) It was error of the court to grant the writ to show cause. 2 Dillon, Mun.
Read the full summary
Appeal from Jefferson Circuit Court. —Hon. James E. G-reen, Judge. (1) The verdict of the trial court was against the law. Laws 1893, 1894, art. 4, sec. 25, p. 70. (2) The statute will be construed in its ordinary plain meaning, with reference to the time fixed by it when one seeking an office shall have paid his taxes, etc. Laws 1893, art. 4, sec. 25, p. 70; E. S. 1889, sec. 6570. (3) It was error of the court to grant the writ to show cause. 2 Dillon, Mun. Corp. [4 Ed.], sec. 900. (4) The relator as shown by the record had not sufficient interest to be entitled to sue out the writ. He was a…
1Opinion of the CourtSherwood, J.
On an ex-officio information filed in-the circuit court, this proceeding in the nature of a quo ivarranto was instituted, and by the judgment of that court defendant was ousted from his office of city attorney of the city of DeSoto, and from such judgment of ouster he appeals to this court. '
1. The prosecuting attorney has in the case at bar instituted this proceeding in the proper manner. “The title to all'offices being derived from the State, and it having an inherent right at any time to' call upon one who assumes to exercise the functions of a public office, to show his right to do so, it…
2Cases cited1 opinion
- State ex rel. Boyd v. RoseSupreme Court of Missouri · 1884
3Cited by12 opinions
- State ex inf. Crow v. VallinsSupreme Court of Missouri · 1897
- State ex rel. Young v. Village of KentSupreme Court of Minnesota · 1905
- Hummelshime v. HirschCourt of Appeals of Maryland · 1910
- State ex inf. Prosecuting Attorney ex rel. Thompson v. HeffernanSupreme Court of Missouri · 1912
- State ex informatione Crow v. BlandSupreme Court of Missouri · 1898
7 more not listed; retrieve them via the Exa API.