Price v. Adamson
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. I. The judgment of the court is in contravention of a public statute, and is void. 1. To sustain the proposition that the judgment is contrary to law, reference is made to the ordinance of the Constitutional Convention of this State, commonly known as the vacating ordinance, passed March 17, 1865. By this ordinance the office of sheriff of Lafayette county was vacated on the 1st day of May, 1865. Sec. 1, p. 1310, R. C. 1855, provides that…
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Appeal from Lafayette Circuit Court. I. The judgment of the court is in contravention of a public statute, and is void. 1. To sustain the proposition that the judgment is contrary to law, reference is made to the ordinance of the Constitutional Convention of this State, commonly known as the vacating ordinance, passed March 17, 1865. By this ordinance the office of sheriff of Lafayette county was vacated on the 1st day of May, 1865. Sec. 1, p. 1310, R. C. 1855, provides that all officers at the expiration of their term of office, or when their offices are vacated, shall turn over all books…
1Opinion of the CourtHolmes, Judge
This proceeding arose under the act concerning the recovery of public records, (R. C. 1855, p. 1310,) the first section of which provides that if any civil officer, having any record, books, or papers, appertaining to any public office, shall resign, or his office be vacated, he shall deliver to his successor all such records and papers. It appears that the respondent Price was elected sheriff of the county of Lafayette, in November, 1864, and was duly qualified, and entered upon the duties of his office, both as sheriff and ex officio collector, and that on the 25th day of April, 1865, he…
2Cases cited1 opinion
- Howard v. StateSupreme Court of Missouri · 1844
3Cited by2 opinions
- Lane v. Coos CountyOregon Supreme Court · 1882
- State ex rel. Buchholz v. SeehornMissouri Court of Appeals · 1910