State ex rel. Conrad v. Cotten
Missouri Court of Appeals
Appeal from Henry Circuit Court. — No». Charles A. Denton, Judge. (1) Where there is no sheriff or other ministerial officer qualified to act, or where they are interested or prejudiced, the court may appoint one or more persons to execute the process and perform any other duty of such officer. R. S. 1899, section 1599; Orscheln y. Scott, 79 Mo. App. 534; State y.
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Appeal from Henry Circuit Court. — No». Charles A. Denton, Judge. (1) Where there is no sheriff or other ministerial officer qualified to act, or where they are interested or prejudiced, the court may appoint one or more persons to execute the process and perform any other duty of such officer. R. S. 1899, section 1599; Orscheln y. Scott, 79 Mo. App. 534; State y. Leabo, 89 Mo. 247; State v. Hultz, 106 Mo. 41, and authorities cited on page 48. (2) Justice of the peace shall haye concurrent original jurisdiction.with the circuit court in all cases of misdemeanor. R. S. 1899, sec. 2748. (3) All…
1Opinion of the CourtJohnson, J.
This is a mandamus proceeding brought bv the relators, the prosecuting attorney of Henry county and the constable of Windsor township in that county, against S. J. Cotten, a justice of the peace of said township. The appeal is by defendant from the peremptory writ. The facts are not in dispute.
A criminal proceeding had been instituted against one E. H. Thurman wherein he was charged with the illegal sale of liquor. The case came on for trial before defendant, as justice of the peace, and the prosecuting attorney demanded a jury. Thurman then *170filed an affidavit alleging that the relator…
2Cases cited3 opinions
- Brownfield v. ThompsonMissouri Court of Appeals · 1902
- Loomis v. Wabash, St. Louis & Pacific Ry. Co.Missouri Court of Appeals · 1885
- Enlow v. NewlandMissouri Court of Appeals · 1886