Legal Opinion

State ex rel. Attorney-General v. Churchill

Supreme Court of Missouri

Decided March 15, 1867PublishedCited by 13 opinions

Information in the nature of Quo Warranto. There is but one question involved in this case, which is : Has a person elected to the office of treasurer of a county to give bond as such within ten days after the election, or within ten days after it has been ascertained that he has been elected by a count of the votes and certificate of the proper officer ? It is maintained on the part of the State that the bond should be given within ten days after a count of the vote, if it…

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Information in the nature of Quo Warranto. There is but one question involved in this case, which is : Has a person elected to the office of treasurer of a county to give bond as such within ten days after the election, or within ten days after it has been ascertained that he has been elected by a count of the votes and certificate of the proper officer ? It is maintained on the part of the State that the bond should be given within ten days after a count of the vote, if it is thereby ascertained that the party has been elected as evidenced by the proper certificate — G. S. ch. 88, p. 226, &…

1Opinion of the Court

Holmes, Judge,

delivered tire opinion of the court.

This is an ex officio information in the nature of quo warranto. The defendant, having been duly summoned, makes default, and the cause is submitted as upon a petition confessed.

It is stated that Jasper N. Norman was duly elected treasurer of the County of Laclede at the election in November, *431866, received his certificate of election, gave his bond, which was approved by the County Court and ordered to be filed, and took the oaths required by law, which were enclosed in his certificate or commission; but that a few days afterwards, on…

2Cases cited1 opinion

  1. People ex rel. Westcott v. HolleyNew York Supreme Court · 1834

3Cited by13 opinions

  1. State Ex Rel. Jones v. FarrarOhio Supreme Court · 1946
  2. City of Chicago v. GageIllinois Supreme Court · 1880
  3. State ex rel. Berge v. LansingNebraska Supreme Court · 1895
  4. Board of Commissioners v. JohnsonIndiana Supreme Court · 1890
  5. State ex rel. Lysons v. RuffWashington Supreme Court · 1892

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