State ex rel. Attorney-General v. Balcom
Missouri Court of Appeals
Original Proceeding by Quo Wttrranto. (1) This is not a contest between two private persons, as respondent claims. The judgment, if for the relator, can only be one ousting the respondent. ■ State ex rel. v. Vaile, 53 Mo. 97. A “contested election” is defined in State ex rel. v. Francis, 88 Mo. 557. The primary question in a quo warranto proceeding is whether the respondent is legally entitled to hold the office and not as to the right of any other person who may claim it.
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Original Proceeding by Quo Wttrranto. (1) This is not a contest between two private persons, as respondent claims. The judgment, if for the relator, can only be one ousting the respondent. ■ State ex rel. v. Vaile, 53 Mo. 97. A “contested election” is defined in State ex rel. v. Francis, 88 Mo. 557. The primary question in a quo warranto proceeding is whether the respondent is legally entitled to hold the office and not as to the right of any other person who may claim it. State ex rel. v. Townley, 56 Mo. 107; State ex rel. v. Francis, supra. The case at bar is not an election contest nor is…
1Opinion of the CourtSmith, P. J.
QRifmmauoñT0: wnt ofught. The writ of quo warranto in this case was issued without leave of court for that purpose first had and obtained. When the attorney-general or prosecuting attorney files an information ex officio, it is not necessary that the leave of court should be obtained. A writ of quo warranto is in ^ nature 0f a writ of right for the state against any person who claims or exercises any office, to inquire by what authority he supports his claim, in order to determine the right. State v. Insurance Co., 8 Mo. 331; State v. Merry, 3 Mo. 278; State v. McIlhany, 32 Mo. 379; State v.…
2Cases cited6 opinions
- State ex rel. McIlhany v. StewartSupreme Court of Missouri · 1862
- State ex rel. Hequembourg v. LawrenceSupreme Court of Missouri · 1866
- State v. St. Louis Perpetual Marine, Fire, & Life, InsuranceSupreme Court of Missouri · 1843
- State v. MerrySupreme Court of Missouri · 1833
- State ex rel. Young v. BuskirkSupreme Court of Missouri · 1868
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3Cited by2 opinions
- State ex rel. Young v. Village of KentSupreme Court of Minnesota · 1905
- State ex inf. Graham ex rel. Mississippi County ex rel. Bishop v. HurleySupreme Court of Missouri · 1976