State ex informatione Crow v. Lund
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Eon. E. P. Gates, Judge. (1) The primary question in a quo warranto proceeding is whether the respondent is entitled to hold the office. This right can only be determined by the court by the respondent pleading the facts in the case.
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Appeal from Jackson Circuit Court. — Eon. E. P. Gates, Judge. (1) The primary question in a quo warranto proceeding is whether the respondent is entitled to hold the office. This right can only be determined by the court by the respondent pleading the facts in the case. Therefore, facts, and not evidence or conclusions of law, must be distinctly stated. 79 Mo. 272. It is no answer to an information in a quo warranto proceeding to state that no one else or some one else is not entitled to the office. The respondent must show that he is rightfully in office. 15 111. 213. And, therefore, it has…
1DissentRobinson, J.
(dissenting). — As stated in the majority opinion of the court, this is a proceeding by quo warranto instituted by the Attorney-General ex-officio, in the circuit court of Jackson county, Missouri, to oust respondent Hans Lund from the office of city comptroller of Kansas City.
Upon a trial of the issues made therein, the circuit court found in favor of respondent, and against relator, and by relator the case was brought here on appeal; and in an opinion written by Burgess, C. J., in which all the members of this court concur, except myself, the judgment of the circuit court has been reversed…
2Cases cited3 opinions
- State ex rel. Tredway v. LuskSupreme Court of Missouri · 1853
- State ex inf. Crow v. SmithSupreme Court of Missouri · 1899
- State ex rel. Webster v. JohnsonSupreme Court of Missouri · 1896