State ex rel. Kempf v. Boal
Supreme Court of Missouri
Appeal from Sixth District Court. I. This information, although exhibited by the circuit attorney, is not in the nature of a criminal proceeding, but is brought at the relation of a private person for the purpose of determining a matter of private right between two persons claiming the same office, and is therefore essentially a civil proceeding. (State ex rel.
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Appeal from Sixth District Court. I. This information, although exhibited by the circuit attorney, is not in the nature of a criminal proceeding, but is brought at the relation of a private person for the purpose of determining a matter of private right between two persons claiming the same office, and is therefore essentially a civil proceeding. (State ex rel. Hequembourg v. Lawrence, 88 Mo. 535.) And being a civil proceeding, it is not sufficient for- the relator to aver that the defendant in the information might by some possibility not be entitled to hold the office in question, but he…
1Opinion of the Court
CüRRiER, Judge,
delivered the opinion of the court.
This is an information in the nature of a writ of quo war-ranto. It is brought at the relation of Kempf against the defendant, as an intruder into the office of school director for township 48, in St. Charles county. Kempf and the defendant were *531candidates for that office at the election, and the defendant, as the information shows, received a; majority of the votes, Kempf being the next in vote. Kempf had taken and filed the oath of loyalty as provided by the constitution, which the defendant had neglected to do. It is therefore claimed, and…
2Cases cited1 opinion
- State ex rel. Hequembourg v. LawrenceSupreme Court of Missouri · 1866
3Cited by13 opinions
- State ex rel. Glenn v. SteinNebraska Supreme Court · 1882
- Batterton v. FullerSouth Dakota Supreme Court · 1894
- State ex inf. Prosecuting Attorney ex rel. Thompson v. HeffernanSupreme Court of Missouri · 1912
- State ex inf. Graham ex rel. Mississippi County ex rel. Bishop v. HurleySupreme Court of Missouri · 1976
- Manahan v. WattsSupreme Court of New Jersey · 1900
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