State ex rel. Wingate v. Woodson
Supreme Court of Missouri
Information in the nature of Quo Warranto. I. No person who has done any of the acts specified in § 3, art. 2, State Constitution, is entitled to hold any office of honor, or trust, or profit — Vide latter part of § 3, art. 2, Const. II. The decree of the Circuit Court relieving the defendant from the disability is void.
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Information in the nature of Quo Warranto. I. No person who has done any of the acts specified in § 3, art. 2, State Constitution, is entitled to hold any office of honor, or trust, or profit — Vide latter part of § 3, art. 2, Const. II. The decree of the Circuit Court relieving the defendant from the disability is void. The proceedings being summary and ex parte under a special provision of the Constitution prescribing the course to be pursued, that course must be strictly followed, otherwise the proceedings are void— Morton v. Reed, 6 Mo. 73 ; Crooks v. Thurston, 8 Mo. 344; Ruby v.…
1Opinion of the CourtFagg, Judge
The questions for consideration in this case arise upon a demurrer to the answer of the defendant.
The information in the nature of a quo warranto, filed by the Attorney-General against the defendant, alleges that at a general election held in the county of Boone on the 6th day of November, 1866, one Henry N. Cook was duly elected clerk of the County Court of said county, he having received the highest number of legal votes cast for any one person for that office, and for whom the same could be legally counted; that the defendant on or about the 8th day of January, 1867, did usurp and intrude…
2Cases cited3 opinions
- Thatcher v. PowellSupreme Court of the United States · 1821
- Morton v. ReedsSupreme Court of Missouri · 1839
- Crook v. PeeblySupreme Court of Missouri · 1844
3Cited by7 opinions
- State ex rel. Workman v. GoldthaitIndiana Supreme Court · 1909
- Gray v. St. Louis & San Erancisco Railway Co.Supreme Court of Missouri · 1883
- In Re Petition of Justice of the Peace Assoc. of Ind.Indiana Supreme Court · 1958
- Ottumwa National Bank v. TottenMissouri Court of Appeals · 1902
- Edwards v. Bates CountyU.S. Circuit Court for the District of Western Missouri · 1902
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