State ex rel. Sanders v. Blakemore
Supreme Court of Missouri
Quo Warranto. (1) The right to resign an office is universally recognized ; the only doubt ever existing in the matter was as to the necessity of acceptance by the appointing power, to make the resignation complete. Const., art. 14, sec. 4. In this case, there are both the resignation and acceptance.
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Quo Warranto. (1) The right to resign an office is universally recognized ; the only doubt ever existing in the matter was as to the necessity of acceptance by the appointing power, to make the resignation complete. Const., art. 14, sec. 4. In this case, there are both the resignation and acceptance. (2) The suspension of Bragg created no vacancy in the office of circuit clerk, and no act of the circuit court short of a removal could create a vacancy within the meaning of the law. Bragg’s removal, if he had been tried and convicted, would have created a vacancy. R. S. 1879, secs. 615, 3337.…
1Opinion of the CourtBrace, J.
— This is an original proceeding in this court by information in the nature of quo warranto to oust the respondent from the office of clerk of the circuit *343court of Dunklin county. The case stands on demurrer to the return to the original writ.
It appears from the return that on the fifth day of December, 1888, the judge of the circuit court of Dunklin county suspended William G-. Bragg, Jr., the clerk of said court, from office, on charges of misdemeanor in office, and appointed the respondent temporary clerk of said court, who thereupon qualified and entered upon the discharge of the duties…
2Cases cited2 opinions
- Stocking v. StateIndiana Supreme Court · 1855
- State ex rel. Van Buskirk v. BoeckerSupreme Court of Missouri · 1874
3Cited by12 opinions
- People Ex Rel. Bagshaw v. ThompsonCalifornia Court of Appeal · 1942
- Justice v. CampbellSupreme Court of Arkansas · 1967
- People v. HarrisNew York Court of Appeals · 1945
- Knight v. TriggIdaho Supreme Court · 1909
- State Ex Inf. McKittrick v. WilsonSupreme Court of Missouri · 1942
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