State ex rel. Beach v. Finn
Missouri Court of Appeals
APPLICATION for quo warranto.. The city of St. Louis is not a county. — The State v. Merriman, 6 Wis. 14. Where a county is divided, that portion in which a county government is for the first time organized is the new county.— The People v. Maguire, 32 Cal. 140; Buclcingllouse v. Gregg, 19 Iud. 401; 9 Texas, 336; 12 Texas, 395 ; 25-Texas, 29 18 Mo. 566 ; 17 Mo. 576. Where an officer-holds under color of right, the office cannot be filled by appointment until the conflicting…
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APPLICATION for quo warranto.. The city of St. Louis is not a county. — The State v. Merriman, 6 Wis. 14. Where a county is divided, that portion in which a county government is for the first time organized is the new county.— The People v. Maguire, 32 Cal. 140; Buclcingllouse v. Gregg, 19 Iud. 401; 9 Texas, 336; 12 Texas, 395 ; 25-Texas, 29 18 Mo. 566 ; 17 Mo. 576. Where an officer-holds under color of right, the office cannot be filled by appointment until the conflicting claims have been determined-by judicial proceedings instituted for that purpose. — Tappan v. Gray, 9 Paige Ch. 507;…
1Opinion of the CourtHaydeN, J.
This is an information in the nature of a writ of a quo-xoarranto, to try the title of respondent to the office of sheriff of the city of St. Louis. The petition charges that by the Constitution of the State of Missouri, and the laws-enacted thereunder, it is provided that there shall be elected a sheriff for each county of the State, and also one for the city of St. Louis,- that on January 16, 1877, the respondent usurped and intruded into the office of sheriff for the city, and from then till now has exercised and usurped its functions without legal right, and still does so. The *349answer…
2Cases cited1 opinion
- Smith v. People ex rel. FrisbieIllinois Supreme Court · 1867
3Cited by9 opinions
- State Ex Inf. McKittrick v. WilliamsSupreme Court of Missouri · 1940
- Kahn v. SutroCalifornia Supreme Court · 1896
- Lovins v. City of St. Louis.Supreme Court of Missouri · 1935
- O'Brien v. Vulcan Iron-WorksMissouri Court of Appeals · 1879
- Brown v. MarshallSupreme Court of Missouri · 1912
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