State ex rel. Attorney-General v. Steers
Supreme Court of Missouri
I. On an ex-officio information in the nature of a quo warranlo, the court will look beyond the relator’s certificate of election and commission, and, unless he has been legally elected, will give judgment of ouster. (The People ex rel. Benton v. Yail, 20 Wend. 12 ; The People ex rel. Yan Yourt v. Yan Slyck, 4 Cow. 297; The People ex rel. Yeates v. Ferguson, 8 Cow. 102; Attorney-General ex rel.
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I. On an ex-officio information in the nature of a quo warranlo, the court will look beyond the relator’s certificate of election and commission, and, unless he has been legally elected, will give judgment of ouster. (The People ex rel. Benton v. Yail, 20 Wend. 12 ; The People ex rel. Yan Yourt v. Yan Slyck, 4 Cow. 297; The People ex rel. Yeates v. Ferguson, 8 Cow. 102; Attorney-General ex rel. W. H. Carpenter v. Ely, 4 Wis. 420.) H. This irregularity can be cured by the testimony of the clerk, judges of election, or other parol evidence. (4 Wis. 420.) III. The general rules of pleading apply…
1Opinion of the CourtWagner, Judge
The attorney-general, on behalf of the State, appears and files an information in the nature of a quo warranto, in which, among other matters, he states that at the general election held in this State on the third day of November, 1868, in the various counties, for State and county officers, one Samuel C. McCune, and defendant John H. Steers, were candidates, and the only candidates, in the county of Ralls, for the office of sheriff of said county; that McCune received a majority of all the legal votes cast for said office, in the said county, at that election, and that the judges and clerks…
2Cases cited20 opinions
- People Ex Rel. Smith v. PeaseNew York Court of Appeals · 1863
- Dishon v. SmithSupreme Court of Iowa · 1859
- People v. CookNew York Supreme Court · 1852
- Attorney-General ex rel. Bashford v. BarstowWisconsin Supreme Court · 1856
- People ex rel. Cummings v. HeadIllinois Supreme Court · 1861
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3Cited by29 opinions
- State ex rel. Ellis v. ElkinSupreme Court of Missouri · 1895
- Rogers v. GosnellSupreme Court of Missouri · 1875
- State ex rel. Harvey v. WrightSupreme Court of Missouri · 1913
- State ex inf. Barker v. DuncanSupreme Court of Missouri · 1915
- State ex rel. Young v. Village of KentSupreme Court of Minnesota · 1905
24 more not listed; retrieve them via the Exa API.