State ex rel. Owens v. Draper
Supreme Court of Missouri
Petition for mandamus. I. The two offices of circuit judge and State representative are made incompatible by our constitution. (Const., art. 4, § 11.) II. These offices would be incompatible at common law. (Bryan v. Cattell, 15 Iowa, 550 ; Milward v. Thatcher, 2 T. R. 81; 17 Howell’s State Trials, 846, note ; Rex v. Tizzard, 9 B. & C. 418; Rex v. Geyer, 1 Burr. 245; Rex v. Lawrence, 2 Chit. 271; Rex v. Sir Wm.
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Petition for mandamus. I. The two offices of circuit judge and State representative are made incompatible by our constitution. (Const., art. 4, § 11.) II. These offices would be incompatible at common law. (Bryan v. Cattell, 15 Iowa, 550 ; Milward v. Thatcher, 2 T. R. 81; 17 Howell’s State Trials, 846, note ; Rex v. Tizzard, 9 B. & C. 418; Rex v. Geyer, 1 Burr. 245; Rex v. Lawrence, 2 Chit. 271; Rex v. Sir Wm. Trelawney, 8 Burr. 1615; Rex v. Pateman, 2 T. R. 777; Rex v. Bond, 6 D. & R. 838 ;' Rex v. Patterson, 4 B. & Ad. 23.) HI. Where a person accepts an office incompatible with another…
1Opinion of the CourtWagner, Judge
The relator, who was formerly judge of the ninth judicial circuit, asks this court to issue a peremptory writ of mandamué *356against the respondent, who is State auditor, to compel him to audit his account for salary as judge, from the first day of January, 1868, to the 31st day.of March in the same year. The auditor, in his answer, assigns as a reason for his refusal to audit the said account, that on the first day of January, 1868, . the said Owens resigned the office of judge of the ninth judicial circuit, and did not hold or execute the duties of the office thereafter. And for a further…
2Cited by11 opinions
- State ex rel. Walker v. BusSupreme Court of Missouri · 1896
- State ex rel. Biggs v. CorleySupreme Court of Delaware · 1934
- State ex rel. Blakemore v. RombauerSupreme Court of Missouri · 1890
- State ex rel. Chapman v. WalbridgeSupreme Court of Missouri · 1899
- In Re F____ C____Missouri Court of Appeals · 1972
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