Legal Opinion

State ex rel. Attorney General v. Collier

Supreme Court of Missouri

Decided April 15, 1880PublishedCited by 19 opinions

This is a proceeding by writ of quo warranto issued on the relation of the attorney general. The information stated that the respondent, Collier, had usurped and intruded into and was unlawfully holding and executing the office of judge of probate in and for Callaway county, and that he had no right or authority to hold the office; that, at the regular election held in said county for county officers on Tuesday, the 5th day of November, 1878, Middleton Q-. Singleton and the…

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This is a proceeding by writ of quo warranto issued on the relation of the attorney general. The information stated that the respondent, Collier, had usurped and intruded into and was unlawfully holding and executing the office of judge of probate in and for Callaway county, and that he had no right or authority to hold the office; that, at the regular election held in said county for county officers on Tuesday, the 5th day of November, 1878, Middleton Q-. Singleton and the respondent were candidates for said office of judge of probate, and that said Singleton had, at the time of said…

1Opinion of the CourtSherwood, C. J.

The legal sufficiency of the informationbeing questioned by the demurrer, requires at our hands an examination into such alleged sufficiency.

Every one will concede that it is of the highest importance that popular elections should be conducted in such a way as to exempt them, so far as the infirmities incident to human agencies will permit, from improper influences. Here the demurrer confesses that being induced by the offers of respondent, to take for his own use only $1,200 out of $2,600, the aggregate fees of the- desired office of judge of probate, 200 of the voters and tax payers of the…

2Cases cited1 opinion

  1. State ex rel. Newell v. PurdyWisconsin Supreme Court · 1874

3Cited by19 opinions

  1. Town of Grove v. Haskell, GovernorSupreme Court of Oklahoma · 1909
  2. Brown v. First National BankIndiana Supreme Court · 1894
  3. State ex rel. Bill v. EltingSupreme Court of Kansas · 1883
  4. Bush v. HeadCalifornia Supreme Court · 1908
  5. State ex rel. Dithmar v. BunnellWisconsin Supreme Court · 1907

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