State ex rel. Circuit Attorney v. McCann
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. J. J. Me Cann and A. JR. Taylor for appellant, cited R. 8. 1879, §§ 2805, 2807, 2809 ; Cooley’s Const. Lim., p. 646 ; Leonings v. Co., 20 N. T. 447; McCrary on Elections, §§ 69. 186, 191, 231, 238, 249, 253, 231, 263 and notes; People v Ohio Grove, 51 111. 191; State v. Boat, 46 Mo. 529. The case of the State ex rel., etc., v. JRanson, 73 Mo. 78, is inapplicable to the facts of this case.
1Opinion of the Court
Ewing, C.—-This
is an information in the nature of a quo warranto to the circuit court of St. Louis, wherein it is stated that Yincent F. Mullery was a duly elected and qualified justice of the peace in a certain district in St. Louis, elected in November, 1878, for the term of four years; that *480lie resigned October 29th, 1879. That, thereupon, Michael I. Mullery was appointed as his successor by the mayor of St. Louis, and qualified and entered upon the duties of his office. That on the 18th of November, 1880, the respondent, McCann, usurped said office of justice of the peace, and is…
2Cases cited2 opinions
- State ex rel. Attorney General v. VailSupreme Court of Missouri · 1873
- State ex rel. Ewing v. TownsleySupreme Court of Missouri · 1874
3Cited by5 opinions
- State Ex Inf. McKittrick v. WileySupreme Court of Missouri · 1942
- State ex rel. Harris v. McCannSupreme Court of Missouri · 1885
- State ex inf. Crow v. SmithSupreme Court of Missouri · 1899
- Mullery v. McCannSupreme Court of Missouri · 1888
- State Ex Rel. Bothwell v. GreenSupreme Court of Missouri · 1944