State ex rel. Jackson v. Thompson
Supreme Court of Missouri
Petition for Mandamus. The relator applies for a mandamus, now, under circumstances totally different from those in which he made application to this court against a former Auditor. (Jackson v. Auditor, 34 Mo. 375.) There is now, no contest for the office of Judge of the 15th Judicial Circuit, and consequently no question of “ right to an office,” as between contesting claimants, to be determined, that being the ground upon which the application was then refused.
Read the full summary
Petition for Mandamus. The relator applies for a mandamus, now, under circumstances totally different from those in which he made application to this court against a former Auditor. (Jackson v. Auditor, 34 Mo. 375.) There is now, no contest for the office of Judge of the 15th Judicial Circuit, and consequently no question of “ right to an office,” as between contesting claimants, to be determined, that being the ground upon which the application was then refused. The relators only remedy now, it is submitted, is by mandamus. I. The act of 1855 (Sess. Acts of 1855, p. 24) is valid, except so…
1Opinion of the CourtWagner, Judge
This case is the same as the one reported in 34 Mo., between the same parties, except that the petitioner now claims the additional salary that has accrued since the institution of the proceedings thereon. The question involved is the same. A mandamus will not be issued to admit a person to an office while another is in under color of right. The election of Emerson as Judge of the 15th Judicial Circuit is admitted : he was regularly commissioned, and held his office under *73said election as judge. The register in the office of the Secretary of State showed Emerson to be the judge; and the…
2Cited by10 opinions
- Biggs v. McBrideOregon Supreme Court · 1889
- State Ex Rel. Gallagher v. Kansas CitySupreme Court of Missouri · 1928
- Denver v. HobartNevada Supreme Court · 1874
- State ex rel. Vail v. DraperSupreme Court of Missouri · 1871
- Fitch v. McDiarmidSupreme Court of Arkansas · 1871
5 more not listed; retrieve them via the Exa API.