Mullery v. McCann
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court.— IIon. E. 13. Adams, Judge. (1) Appellant was qualified to fill the position of justice of the peace for the fifth district of the city of St. Louis at the date of his appointment; and in any event the trial court erred in attempting to pass upon the question of his title in this proceeding.
Read the full summary
Appeal from St. Louis City Circuit Court.— IIon. E. 13. Adams, Judge. (1) Appellant was qualified to fill the position of justice of the peace for the fifth district of the city of St. Louis at the date of his appointment; and in any event the trial court erred in attempting to pass upon the question of his title in this proceeding. R. S., 1879, secs. 2806, 2810, 3098; Hunter v. Chandler, 45 Mo. 452; State ex rel. v. John, 81 Mo. 13. (2) Appellant was the de-jure officer, and as such was entitled to recover from respondent the known and usual fees of the office received by respondent, and for…
1Opinion of the CourtNorton, C. J.
This suit was brought in the circuit •court of the city of St. Louis to recover the fees received by defendant while acting as a justice of the peace in the fifth district in said city from November, 1880, till November, 1882. Defendant obtained judgment on the trial, from which the plaintiff has appealed.
The record discloses the following state of facts: That a vacancy having occurred in the office of justice of the peace for the fifth district in the city of St. Louis, plaintiff Mullery was appointed to fill it, by the mayor of said city, in October, 1879 ; that said Mullery, at the time of…
2Cases cited4 opinions
- State ex rel. Kempf v. BoalSupreme Court of Missouri · 1870
- State ex rel. Harris v. McCannSupreme Court of Missouri · 1885
- State ex rel. Bradshaw v. SherwoodSupreme Court of Missouri · 1868
- State ex rel. Circuit Attorney v. McCannSupreme Court of Missouri · 1884
3Cited by4 opinions
- State ex rel. Chapman v. WalbridgeSupreme Court of Missouri · 1899
- State Ex Inf. McKittrick v. JonesSupreme Court of Missouri · 1945
- Detmer, Bruner & Mason, Inc. v. New York Central RailroadMissouri Court of Appeals · 1935
- Abington v. HarwellMissouri Court of Appeals · 1919