State v. Bernoudy
Supreme Court of Missouri
Bernoudy was elected recorder for St. Louis county in 1860. An ordinance of the Convention assembled in 1865, removed from office all the judges, clerks, recorders, &e., and authorized the Governor to fill the vacancies thus created. The Governor appointed J. C. Conrad to the office held by Bernoudy, who, refusing to quit, an application was made to the St. Louis Circuit Court for a quo warranto.
Read the full summary
Bernoudy was elected recorder for St. Louis county in 1860. An ordinance of the Convention assembled in 1865, removed from office all the judges, clerks, recorders, &e., and authorized the Governor to fill the vacancies thus created. The Governor appointed J. C. Conrad to the office held by Bernoudy, who, refusing to quit, an application was made to the St. Louis Circuit Court for a quo warranto. The Circuit Court held, that the Convention had exceeded its powers, and that the office was not vacant, from which judgment an appeal was taken. After the new Constitution went into effect, Bernoudy…
1Opinion of the CourtHolmes, Judge
This is an ex-officio information in the nature of quo warranto, filed in this court by the circuit attorney of the county of St. Louis against the defendant, for usurpation of the office of recorder of said county, and praying judgment of ouster and costs. The defendant filed his answer or plea, on *281which the circuit attorney on behalf of the State now asks judgment by motion in the nature of a demurrer. The plea or answer of the defendant contains nothing which constitutes any valid defence in law or fact to the information.
The motion is sustained; and the court further considering that no…
2Cited by8 opinions
- State Upon the Information of McKittrick v. WymoreSupreme Court of Missouri · 1939
- State ex inf. Barker v. DuncanSupreme Court of Missouri · 1915
- State ex rel. Young v. Village of KentSupreme Court of Minnesota · 1905
- State ex inf. Walker v. Equitable Loan & Investment Ass'nSupreme Court of Missouri · 1898
- State ex rel. Hequembourg v. LawrenceSupreme Court of Missouri · 1866
3 more not listed; retrieve them via the Exa API.