State ex inf. Walton v. Beechner
Supreme Court of Missouri
Appeal from Harrison Circuit Court. — Hon. P. G. Stepp, Judge. (1) This proceeding lies to test the right of school directors to hold their office. State ex rel. v. Eose, 84 Mo. 198. And is properly brought by relators. Sec. 4457, E. S. 1899. (2) Being an extraordinary proceeding, and our statute in relation to quo warranto being silent as to the mode of procedure, the common law must be looked to as our guide.
Read the full summary
Appeal from Harrison Circuit Court. — Hon. P. G. Stepp, Judge. (1) This proceeding lies to test the right of school directors to hold their office. State ex rel. v. Eose, 84 Mo. 198. And is properly brought by relators. Sec. 4457, E. S. 1899. (2) Being an extraordinary proceeding, and our statute in relation to quo warranto being silent as to the mode of procedure, the common law must be looked to as our guide. State v. Merry, 3 Mo. 278; State ex rel. v. Townsley, 56 Mo. 113; State ex rel. v. Vail, 53 Mo. 109; State ex rel. v. Mason, 77 Mo. 191; State v. Eailroad, 25 Vt. 433; State v. Daniel,…
1Opinion of the CourtMarshall, J.
This is a proceeding in the nature of a quo warranto, instituted by leave of court, in the circuit court of Harrison county, in the name of the State, upon information of the prosecuting attorney, upon the relation of the regularly elected, acting and qualified directors of school district number three, township 62, range 26, of Harrison county, against the defendants, who claim to be the regularly elected school directors of school district number five, of said township and range. District number five is composed of a part of what was formerly district number three. An attempt was made to…
2Cases cited5 opinions
- State ex inf. Crow v. VallinsSupreme Court of Missouri · 1897
- State ex rel. McIlhany v. StewartSupreme Court of Missouri · 1862
- State v. St. Louis Perpetual Marine, Fire, & Life, InsuranceSupreme Court of Missouri · 1843
- State v. MerrySupreme Court of Missouri · 1833
- Oldham v. HendersonSupreme Court of Missouri · 1836
3Cited by5 opinions
- State ex inf. Hadley v. Delmar Jockey ClubSupreme Court of Missouri · 1906
- State ex inf. Prosecuting Attorney ex rel. Thompson v. HeffernanSupreme Court of Missouri · 1912
- State ex inf. Graham ex rel. Mississippi County ex rel. Bishop v. HurleySupreme Court of Missouri · 1976
- State Ex Rel. Pickett v. CairnsSupreme Court of Missouri · 1924
- School District v. PaceMissouri Court of Appeals · 1905