Legal Opinion

State ex rel. Blakemore v. Rombauer

Supreme Court of Missouri

Decided October 15, 1890PublishedCited by 32 opinions

Prohibition. (1) The original jurisdiction conferred on the St. Lonis court of appeals by the twelfth section of the seventh article of the constitution to issue writs of quo warranto, and to hear and determine the same, was abrogated by the amendment to the constitution of 1884. One of two things is true: If the St. Louis court of appeals had jurisdiction, then the relator was entitled on his application to an appeal to this court to have his case reviewed; but if it had no…

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Prohibition. (1) The original jurisdiction conferred on the St. Lonis court of appeals by the twelfth section of the seventh article of the constitution to issue writs of quo warranto, and to hear and determine the same, was abrogated by the amendment to the constitution of 1884. One of two things is true: If the St. Louis court of appeals had jurisdiction, then the relator was entitled on his application to an appeal to this court to have his case reviewed; but if it had no jurisdiction then the relator was not entitled to an appeal, and he is entitled to a writ of prohibition. Mastín v.…

1Opinion of the CourtBlack, J.

The history of this case is as follows: William Bragg was the duly elected and qualified clerk of the circuit court of Dunklin county, having been elected for four years from and after the first day of January, 1887. On ,the sixth of December, 1888, the judge of the circuit court suspended Bragg for alleged misdemeanors in office, and at the same time appointed James B. Blakemore temporary clerk.

Informations were duly filed in the circuit court charging Bragg with the alleged misdemeanors, but before they came on for trial he resigned. The governor accepted the resignation, and on the…

2Cases cited4 opinions

  1. State ex rel. Holmes v. DillonSupreme Court of Missouri · 1886
  2. State ex rel. Bender v. SpencerSupreme Court of Missouri · 1886
  3. State v. DierbergerSupreme Court of Missouri · 1886
  4. State ex rel. Owens v. DraperSupreme Court of Missouri · 1870

3Cited by32 opinions

  1. State ex rel. Walker v. BusSupreme Court of Missouri · 1896
  2. State Ex Rel. City of Mansfield v. CrainMissouri Court of Appeals · 1957
  3. State ex rel. School District v. HarterSupreme Court of Missouri · 1905
  4. State Ex Rel. Horton v. ClarkSupreme Court of Missouri · 1928
  5. State ex rel. Sale v. NortoniSupreme Court of Missouri · 1906

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