State ex rel. Jackson v. Emerson
Supreme Court of Missouri
Appeal from, St. Louis Circuit Court. The act of 1855 (Sess. Acts 1855, p. 24) is valid except so far as it undertakes to limit the tenure of the office of judge. This clause is merely a void provision engrafted upon a valid act.
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Appeal from, St. Louis Circuit Court. The act of 1855 (Sess. Acts 1855, p. 24) is valid except so far as it undertakes to limit the tenure of the office of judge. This clause is merely a void provision engrafted upon a valid act. There being no express limitation upon the power of the Legislature in the creation of judicial circuits and the fixing the time for holding elections therein, the act of 1855. is valid in these particulars unless the exercise of this power is clearly repugnant to or inconsistent with some provision of the Constitution. The petitioner was duly elected in 1857, and,…
1Opinion of the CourtWagner, Judge
The circuit attorney of the 15th judicial circuit filed an information in the nature of a quo warranto, in the Iron county Circuit Court, against John W. Emerson, requiring him to show by what authority he performed the duties and exercised the functions of the judge of the said judicial circuit. The cause was taken by change of venue to the St. Louis Circuit Court, and upon a final trial in the last named court judgment was given against the relator and in favor of Emerson, and to reverse that judgment this appeal is prosecuted.
The relator claims the office by virtue of an election in…
2Cited by13 opinions
- Perry v. StrawbridgeSupreme Court of Missouri · 1908
- Humes v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Stubbs v. MulhollandSupreme Court of Missouri · 1902
- State ex rel. Martin v. WoffordSupreme Court of Missouri · 1894
- Keeney v. McVoySupreme Court of Missouri · 1907
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