State ex rel. Vail v. Clark
Supreme Court of Missouri
Application for Mandamus. The commission from the governor, invested the relator ■with the title, and so far as this inquiry is concerned, is not only prima facie, but conclusive evidence of liis right to the office and its emoluments. (The State, ex rel. Jackson vs. Auditor, 34 Mo., 375; Winston vs. Auditor, 35 Mo., 146; The State, ex rel. Jackson vs. Auditor, 36 Mo., 70; Beck vs. Jackson, 43 Mo., 117; State ex rel.
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Application for Mandamus. The commission from the governor, invested the relator ■with the title, and so far as this inquiry is concerned, is not only prima facie, but conclusive evidence of liis right to the office and its emoluments. (The State, ex rel. Jackson vs. Auditor, 34 Mo., 375; Winston vs. Auditor, 35 Mo., 146; The State, ex rel. Jackson vs. Auditor, 36 Mo., 70; Beck vs. Jackson, 43 Mo., 117; State ex rel. Tail vs. Draper 48 Mo., 213.) The proceeding, if successful, would simply result in ousting the'Relator, and leave the office vacant, to be filled according to law. (Hunter vs.…
1Opinion of the CourtEwing, Judge
The relator, James H. Tail, presented his petition to this court for a writ of mandamus to the State Auditor, in which he alleges, that he was duly commissioned judge of the 26th judical circuit of this State, on-the 20 th day of April, 1869, by virtue of which he has discharged and still discharges the duties of said office; and that on the 1st day of April, 1873, he presented to the auditor his account for salary as such judge for the quarter ending March 31st, 1873, and demanded a warrant therefor upon the treasurer, which the auditor refused to issue.
Upon this petition an alternative writ…
2Cases cited2 opinions
- Hunter v. ChandlerSupreme Court of Missouri · 1870
- State ex rel. Vail v. DraperSupreme Court of Missouri · 1871
3Cited by19 opinions
- State ex rel. Evans v. GordonSupreme Court of Missouri · 1912
- Coleman v. Kansas CitySupreme Court of Missouri · 1943
- Stearns, Mayor v. SimsSupreme Court of Oklahoma · 1909
- State ex rel. Chapman v. WalbridgeSupreme Court of Missouri · 1899
- Brown v. Tama CountySupreme Court of Iowa · 1904
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