Legal Opinion

Beck v. Jackson

Supreme Court of Missouri

Decided October 15, 1868PublishedCited by 9 opinions

Application for Mandamus. I. Section 8 of article Y of tbe State constitution of Missouri vests in the governor the power, and imposes upon him the duty, when any office shall become vacant, and no provision is made by law for a different mode of appointment, to appoint a person to fill such vacancy.

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Application for Mandamus. I. Section 8 of article Y of tbe State constitution of Missouri vests in the governor the power, and imposes upon him the duty, when any office shall become vacant, and no provision is made by law for a different mode of appointment, to appoint a person to fill such vacancy. This constitutional provision is directly applicable to the present case. 1. L. Horsten, the recent clerk of the Cape Girardeau Circuit Court, was elected as such at the general election in 1866, and held, his said office for the term of four years from January 1, A. D. 1867. (§ 22, art. YI,…

1Opinion of the CourtWagner, Judge

The relator asks the court to issue a mandamus against Albert Jackson, judge of the Tenth Judicial Circuit, requiring him to proceed to approve his bonds as clerk of the Circuit Court and recorder for the county of Cape Girardeau. It appears that, at the general election in 1866, one Leopold Ilorsten was elected clerk of the said court, and rvas duly commissioned and qualified as such, and entered upon the discharge of his duties, and continued as such clerk until his death, on the 26th day of August, 1868; that on the 29th day of August, 1868, the governor of this State duly appointed and…

2Cited by9 opinions

  1. Rains v. SimpsonTexas Supreme Court · 1878
  2. State ex rel. New Orleans Canal & Banking Co. v. HeardSupreme Court of Louisiana · 1895
  3. State ex rel. Moody v. BarnesSupreme Court of Florida · 1889
  4. State ex rel. Cameron v. ShannonSupreme Court of Missouri · 1896
  5. State ex rel. Truesdell v. PlambeckNebraska Supreme Court · 1893

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