State ex rel. Walker v. Bus
Supreme Court of Missouri
Quo Warranto. (1) The rule that two incompatible offices can not be held by the same incumbent is founded on the plainest principles of public policy, and has obtained from very early times, and when one has two incompatible offices both can not be retained.
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Quo Warranto. (1) The rule that two incompatible offices can not be held by the same incumbent is founded on the plainest principles of public policy, and has obtained from very early times, and when one has two incompatible offices both can not be retained. The public has a right to know which is held and which is surrendered and it should not be left to chance or the uncertain or fluctuating’ whim of the officeholder to determine.’ The rule, therefore, is “that the acceptance of and qualification for an office .incompatible with one then held is a resignation of the former and the…
1Opinion of the CourtMacfarlane, J.
On the seventh day of November, 1893, respondent was elected a director of the public schools of St. Louis for a term of four years from that day.
The public schools of St. Louis are managed and controlled by a corporation under the name of “the Board of President and Directors of the St. Louis Public Schools.” Its territory is coterminous with that of *329the city of St. Louis, and its powers are' vested in a hoard of twenty-one directors elected for terms of four years by the qualified voters of the city.
Respondent at the time of his election, and at the time of the commencement of this…
2Cases cited16 opinions
- United States v. MauriceU.S. Circuit Court for the District of Virginia · 1823
- The People Ex Rel. Kelly v. . Common CouncilNew York Court of Appeals · 1879
- People ex rel. Throop v. LangdonMichigan Supreme Court · 1879
- Rowland v. . Mayor, Etc., City of New YorkNew York Court of Appeals · 1880
- State ex rel. Blakemore v. RombauerSupreme Court of Missouri · 1890
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3Cited by77 opinions
- State Ex Rel. Barney v. HawkinsMontana Supreme Court · 1927
- State Ex Rel. McGaughey v. GraystonSupreme Court of Missouri · 1942
- State ex inf. Hadley v. WashburnSupreme Court of Missouri · 1902
- State ex rel. Biggs v. CorleySupreme Court of Delaware · 1934
- Winsor v. HuntArizona Supreme Court · 1926
72 more not listed; retrieve them via the Exa API.