Legal Opinion

State ex rel. Tilley v. Slover

Supreme Court of Missouri

Decided December 22, 1892PublishedCited by 24 opinions

Certiorari. (1) At common law offices are not incompatible unless tbeir functions are such that one is subordinate to the other. People, etc., v. Green, 58 N. Y. 296; Bex v. Pateman, 2 T. R. 777; Dyer’s Case, Dyer, 158; Bexv. Patterson, 4 B. & A. 15; Bex v. Tissard, 9 B. & C. 421. (2) Incompatibility exists only where the nature and duties of the two offices are' such as to render it improper from considerations of public policy for the incumbent to retain both.

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Certiorari. (1) At common law offices are not incompatible unless tbeir functions are such that one is subordinate to the other. People, etc., v. Green, 58 N. Y. 296; Bex v. Pateman, 2 T. R. 777; Dyer’s Case, Dyer, 158; Bexv. Patterson, 4 B. & A. 15; Bex v. Tissard, 9 B. & C. 421. (2) Incompatibility exists only where the nature and duties of the two offices are' such as to render it improper from considerations of public policy for the incumbent to retain both. It does not necessarily arise because the incumbent for the time being places himself in a position where it is impossible to…

1Opinion of the CourtBbace, J.

This is an original proceeding by certiorari to review the action of the respondent as judge of division number 2 of the circuit court of Jackson county, in removing the relator from the office of stenographer of that division of said court in May, 1891, to which office he had theretofore been regularly appointed.

At the time the relator was removed he was assuming the right to exercise the functions of said office by deputy, he being absent in the circuit court of Buchanan county in the discharge of his duties there as stenographer of that court, to which office he had also theretofore been…

2Cases cited1 opinion

  1. Manker v. FaulhaberSupreme Court of Missouri · 1887

3Cited by24 opinions

  1. State ex rel. Reid v. WalbridgeSupreme Court of Missouri · 1894
  2. State Ex Rel. McGaughey v. GraystonSupreme Court of Missouri · 1942
  3. Coffey v. Superior CourtCalifornia Supreme Court · 1905
  4. Commonwealth Ex Rel. Duff v. KeenanSupreme Court of Pennsylvania · 1943
  5. People v. ShawyerWyoming Supreme Court · 1924

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