Legal Opinion

State ex rel. Weed v. Meek

Supreme Court of Missouri

Decided June 25, 1895PublishedCited by 8 opinions

Appeal from DeKalb Circuit Court. — Hon. O. H. S. Goodman, Judge. (1) The court erred in overruling defendant’s demurrer to the plaintiff’s petition. State, etc., v. Lawrence, 38 Mo. 538; Ex rel. Kompf, 46 Mo. 529. (2) The court erred in permitting relator’s pretended commission to be read in evidence. (3) The court further erred in finding the issues for the relator. (1) The information was sufficient.

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Appeal from DeKalb Circuit Court. — Hon. O. H. S. Goodman, Judge. (1) The court erred in overruling defendant’s demurrer to the plaintiff’s petition. State, etc., v. Lawrence, 38 Mo. 538; Ex rel. Kompf, 46 Mo. 529. (2) The court erred in permitting relator’s pretended commission to be read in evidence. (3) The court further erred in finding the issues for the relator. (1) The information was sufficient. (2) The law required defendant, in order for him to be qualified for the office of county school commissioner, to hold a teacher’s certificate at the time of'; the election. R. S. 1889, sec.…

1Opinion of the CourtBrace, P. J.

This is a proceeding in the nature of quo warranto, by the prosecuting attorney of DeKalb county, at the relation of Weed, instituted by leave in the circuit court of that county at the June term, 1893, thereof, against the defendant Meek.

On the first Tuesday in April, 1891, the relator was duly elected school commissioner of said county for the term of two years from that date, duly qualified and entered upon the discharge of his duties as such, and since has continued in the discharge thereof. At *435the next school election, held on the first Tuesday in April, 1893, the defendant was returned…

2Cases cited8 opinions

  1. State ex rel. Brown v. Town of WestportSupreme Court of Missouri · 1893
  2. State ex rel. Brown v. McMillanSupreme Court of Missouri · 1891
  3. State ex rel. Boyd v. RoseSupreme Court of Missouri · 1884
  4. State ex rel. Snyder v. NewmanSupreme Court of Missouri · 1886
  5. People ex rel. Evans v. CallaghanIllinois Supreme Court · 1876

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3Cited by8 opinions

  1. State Ex Inf. Hensley v. YoungSupreme Court of Missouri · 2012
  2. State ex inf. Barker v. DuncanSupreme Court of Missouri · 1915
  3. State ex inf. Crow v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1903
  4. Albright v. Territory of New Mexico ex rel. SandovalNew Mexico Supreme Court · 1905
  5. State Ex Inf. Otto v. HydeSupreme Court of Missouri · 1927

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