Legal Opinion · Dissent

State ex inf. Major v. McKay

Supreme Court of Missouri

Decided April 8, 1913Published

Quo Warranto. (1) Whether we take the phrase “term of office” in its ordinary sense, or in its technical import, it means one and the same thing; “A fixed and definite period of time.” State ex rel. v. Stone^treet, 99 Mo, 372; State ex inf. v. Williams, 222 Mo. 278. In State ex rel. Tilley v. Ford, 41 Mo.

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Quo Warranto. (1) Whether we take the phrase “term of office” in its ordinary sense, or in its technical import, it means one and the same thing; “A fixed and definite period of time.” State ex rel. v. Stone^treet, 99 Mo, 372; State ex inf. v. Williams, 222 Mo. 278. In State ex rel. Tilley v. Ford, 41 Mo. App. 128, construing the statute in question, the court said: “So, then, .when Judge Spencer entered upon the duties of circuit judge, ... he was authorized to appoint a court stenographer for his said court in that county. And this he did by selecting and commissioning relator Tilley, who…

1Dissent

DISSENTING OPINION.

BROWN, J.,

I dissent from the views of my learned brother Graves in the majority opinion for the following reasons:

The law which defines the term for which Judge Eastin possessed the power to appoint an official stenographer is that part of section 11244, Revised Statutes 1909, which reads as follows:

“Such stenographer shall be a sworn officer of the court, and shall hold his office during the term of the judge appointing him.”

Respondent earnestly contends that the appointment of Ford only authorized the latter to occupy the office of official stenographer during the period…

2Cases cited4 opinions

  1. State ex rel. Withers v. StonestreetSupreme Court of Missouri · 1889
  2. State ex rel. Tilley v. SloverSupreme Court of Missouri · 1892
  3. State ex rel. Tilley v. FordMissouri Court of Appeals · 1890
  4. Silver v. MagruderCourt of Appeals of Maryland · 1870

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