Hunter v. Chandler
Supreme Court of Missouri
Appeal from Fifth District Court. I. The plaintiff being entitled to the office, and the defendant, a stranger, taking its fees by usurpation, plaintiff is entitled to recover damages in an action at law. (Powell v. Millbank, 1 T. R. 399 ; Boyten v. Dodsworth, 6 T. R. 681; Allen v. McKean, 1 Sumn. 317; Glasscock v. Lyon, 20 Ind. 1; 8 Blackst. 102, ¶ 5; 1 Chit. PI. 100; Chit, on Cont. 640 ; Oliver’s Precedents, 105.) II.
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Appeal from Fifth District Court. I. The plaintiff being entitled to the office, and the defendant, a stranger, taking its fees by usurpation, plaintiff is entitled to recover damages in an action at law. (Powell v. Millbank, 1 T. R. 399 ; Boyten v. Dodsworth, 6 T. R. 681; Allen v. McKean, 1 Sumn. 317; Glasscock v. Lyon, 20 Ind. 1; 8 Blackst. 102, ¶ 5; 1 Chit. PI. 100; Chit, on Cont. 640 ; Oliver’s Precedents, 105.) II. If the defendant, by his resignation, could prevent a judgment of ouster, and if the consequence of that prevention is a defeat of this action, the rights of the plaintiff…
1Opinion of the CourtWagner, Judge
As this case was determined in the case below on demurrer, it will be necessary to look into the petition to see whether it sets out a cause of action. The plaintiff states in his petition that during the most of the year 1865, and also in the year 1866, up to the first of April, he was city attorney for the city of St. Joseph, duly elected and qualified, so as to be entitled to the accustomed fees and emoluments of the office for the whole time mentioned ; that about the first day of April, 1866, the defendant, without plaintiff’s leave or authority, usurped and intruded himself into said…
2Cases cited6 opinions
- People ex rel. Speed v. HartwellMichigan Supreme Court · 1864
- Glascock v. LyonsIndiana Supreme Court · 1863
- State ex rel. McIlhany v. StewartSupreme Court of Missouri · 1862
- State ex rel. Hequembourg v. LawrenceSupreme Court of Missouri · 1866
- State ex rel. Young v. BuskirkSupreme Court of Missouri · 1868
1 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- State ex rel. McCaffery v. AloeSupreme Court of Missouri · 1899
- State Upon the Information of McKittrick v. WymoreSupreme Court of Missouri · 1939
- Ransom v. City of BostonMassachusetts Supreme Judicial Court · 1906
- Kreitz v. BehrensmeyerIllinois Supreme Court · 1894
- State ex rel. Wilson v. BushTennessee Supreme Court · 1918
33 more not listed; retrieve them via the Exa API.