State ex rel. Hull v. Gray
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. E. P. Gates, ’ Judge. (1) Our Constitution gives a definition of an office wlien in article 2, section 18, it says: “That no person elected or appointed to any office or employment of trust or profit under the laws of this State or any ordinance of any municipality in this State shall hold such office without personally devoting his time to the performance of the duties to the same belonging.”
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Appeal from Jackson Circuit Court. — Hon. E. P. Gates, ’ Judge. (1) Our Constitution gives a definition of an office wlien in article 2, section 18, it says: “That no person elected or appointed to any office or employment of trust or profit under the laws of this State or any ordinance of any municipality in this State shall hold such office without personally devoting his time to the performance of the duties to the same belonging.” Beyond all peradventure of doubt the words “office” and “employment of trust” are used as synonymous. Both are referred to as “such office.” Every office is an…
1Opinion of the CourtEllison, J.
— This is a proceeding by quo warranto whereby relator Hull seeks to oust respondent Cray from the position of engineer of the city hall, in Nansas City. An amended information was filed and respondent demurred thereto. The demurrer was sustained by the circuit court and relator has brought the case here.
The point in controversy for decision is whether the position of engineer for the city hall is a public office. Erom the information, it appears that by the following ordinance of said city, entitled “Substitute ordinance, providing for appointment of certain employees in city hall building,”…
2Cases cited12 opinions
- State ex rel. Walker v. BusSupreme Court of Missouri · 1896
- Trustees of Exempt Firemen's Benevolent Fund v. RoomeNew York Court of Appeals · 1883
- People ex rel. Throop v. LangdonMichigan Supreme Court · 1879
- United States v. SmithSupreme Court of the United States · 1888
- The People v. . PinckneyNew York Court of Appeals · 1865
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3Cited by7 opinions
- State Ex Rel. Eli Lilly & Co. v. Hon. Carl R. GaertnerMissouri Court of Appeals · 1981
- State Ex Rel., Pickett v. TrumanSupreme Court of Missouri · 1933
- State ex rel. Kendall v. ColeNevada Supreme Court · 1915
- Head v. Platte County, Mo.Supreme Court of Kansas · 1988
- Head v. Platte County, Mo.Supreme Court of Kansas · 1988
2 more not listed; retrieve them via the Exa API.