State ex rel. Wood v. Smith
Supreme Court of Missouri
Quo Warranto. (1) The assistant inspectors of grain at Kansas City were appointed, qualified and performed duties under and pursuant to law (Revised Statutes, 1889, secs. 5636-5644). Their duties concerned the public, hence they , were public officers. People v. Says, 7 How. Pr. (N. Y.) 248; Wood's Case, 2 Cow.
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Quo Warranto. (1) The assistant inspectors of grain at Kansas City were appointed, qualified and performed duties under and pursuant to law (Revised Statutes, 1889, secs. 5636-5644). Their duties concerned the public, hence they , were public officers. People v. Says, 7 How. Pr. (N. Y.) 248; Wood's Case, 2 Cow. (N. Y.) 29, note; Bradford v. Justice, 33 Gra. 332. (2) And in usurping their offices and assuming to act as inspectors of grain, the respondents Walker and Wagoner were guilty of a misdemeanor. Revised Statutes, 1889, sec. 5643; Butcher v. People, 11 Bradw. (111. App. Ct.) 312; Past…
1Opinion of the CourtG-antt, J.
This is a proceeding by uquo warrcmto,” instituted in division number one of this court, and by that division referred to the court in banc and argued at this term.
The information charges that the defendants, Walker and Wagoner, by virtue of an appointment and employment by the commercial exchange of Kansas City have usurped and intruded into the offices of assistant inspectors of grain at Kansas City, and the privileges, franchises and emoluments thereof, and claim the right so to do, to the damage and prejudice *183of the authority of the state. “ That there is shipped daily to said city, and…
2Cases cited3 opinions
- Dart v. BagleySupreme Court of Missouri · 1892
- Kœlle v. KnechtIllinois Supreme Court · 1881
- Woodruff v. . HavemeyerNew York Court of Appeals · 1887
3Cited by5 opinions
- Union Elevator Co. v. Kansas City Suburban Belt RailroadSupreme Court of Missouri · 1896
- State ex informatione Crow v. BlandSupreme Court of Missouri · 1898
- State ex rel. Dawson v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1912
- State ex inf. Hadley v. GoffeeSupreme Court of Missouri · 1906
- State ex rel. Dawson v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1912