Johnston v. Donworth
Missouri Court of Appeals
Appeal from Franklin Circuit Court.—Hon. B. Steel Byors, Judge. (1) Relator bases his claim for ouster on section 5911, Revised Statutes 1899, relating to qualifications of aldermen in cities of the fourth class, which provides, “no person shall be an alderman unless he be a resident of the ward from which he is elected.” This section has no been construed by Missouri courts with reference to the question here in issue.
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Appeal from Franklin Circuit Court.—Hon. B. Steel Byors, Judge. (1) Relator bases his claim for ouster on section 5911, Revised Statutes 1899, relating to qualifications of aldermen in cities of the fourth class, which provides, “no person shall be an alderman unless he be a resident of the ward from which he is elected.” This section has no been construed by Missouri courts with reference to the question here in issue. In so far as it is derogatory to common law, it will be strictly construed. Gibbons v. Barker, 46 Mo. 253; State v. Clinton, 67 Mo. 380; Thompson v. Elevator Co., 77 Mo. 520;…
1Opinion of the CourtGoode, J.
Defendant appealed from a judgment ousting him from the office of alderman in the third ward of the city of Kirkwood, a city of the fourth class. Defendant was elected to that office April 3, 1906, and at the time of his election was a resident of the ward, but on April 26, 1907, he changed his residence into the second ward, of the city and has since dwelt there. The information charges that since his change of residence, defendant has usurped the office of alderman of the third ward.
The appeal depends on the construction to be given to section 5911 of the Revised Statutes of 1899, which…
2Cases cited3 opinions
- State ex rel. Brown v. McMillanSupreme Court of Missouri · 1891
- State ex rel. Gill v. Board of SupervisorsWisconsin Supreme Court · 1867
- Smith v. StateIndiana Supreme Court · 1865
3Cited by9 opinions
- Dorf v. SkolnikCourt of Appeals of Maryland · 1977
- State Ex Rel. Smith v. BohannanArizona Supreme Court · 1966
- State Ex Rel. City of Republic v. SmithSupreme Court of Missouri · 1940
- State Ex Rel. Repay v. FodemanConnecticut Superior Court · 1972
- Opinion No., Arkansas Attorney General Reports2008
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