Arnold v. Henry
Supreme Court of Missouri
Prohibition. (1) The question of eligibility can not be raised by injunction proceeding, because Washburn was in fact a Ke facto officer, and even if he had not been eligible, which we do not concede, that question could not be raised in this proceeding.
Read the full summary
Prohibition. (1) The question of eligibility can not be raised by injunction proceeding, because Washburn was in fact a Ke facto officer, and even if he had not been eligible, which we do not concede, that question could not be raised in this proceeding. Mechem on Public Officers, sec. 318. (2) Washburn either is a de jure or de facto officer, and in either event his acts are valid so far as this proceeding is concerned, and his eligibility to the office can not in this action be questioned. Mechem on Public Officers, sec. 318. (3) A court of equity may be restrained by prohibition and kept…
1Opinion of the CourtGantt, C. J.
This is an original proceeding in this court to prevent the circuit court of Jackson county from taking further cognizance of a suit by defendant Harris in said court to enjoin H. Olay Arnold, J. H. Lipscomb and C. E. Washburn from interfering with said Harris’s access to and *51use of tbe office of the Board of Election Commissioners of Kansas Oity, its vaults, safes, books, records, papers, ballot boxes, tally sheets, forms, and other property pertaining to the said office of election commissioner, and from interfering with or molesting said Harris in the discharge of the duties of election…
2Cases cited3 opinions
- In Re SawyerSupreme Court of the United States · 1888
- Muhler v. HedekinIndiana Supreme Court · 1889
- State ex rel. Hawes v. WithrowSupreme Court of Missouri · 1900
3Cited by8 opinions
- Bennett Trust Co. v. SengstackenOregon Supreme Court · 1911
- Davis v. WilsonSupreme Court of Arkansas · 1931
- State Ex Rel. Coffin v. Superior CourtIndiana Supreme Court · 1925
- Lockard v. WisemanWest Virginia Supreme Court · 1954
- Lawson v. HaysSupreme Court of Colorado · 1907
3 more not listed; retrieve them via the Exa API.