State ex inf. Dalton v. Mouser

HOLLINGSWORTH, Judge.

This is an original proceeding in the nature of quo warranto brought by the Attorney General to oust respondent Elvis Mouser from exercising the powers, functions and duties of the office of Clerk of the Circuit Court and Ex Officio Recorder of Bollinger County, which it is alleged respondent has usurped and now unlawfully exercises. The facts are not in dispute.

Bollinger County is a county of the fourth class. By virtue of § 59.090 RSMo 1949, V.A.M.S., the clerk of the circuit court is the ex officio recorder thereof. (All statutory references herein are to RSMo 1949 and…