Legal Opinion

State ex rel. Vastine v. McDonald

Supreme Court of Missouri

Decided October 15, 1866PublishedCited by 18 opinions

Petition for Mandamus. The argument of the defendant undoubtedly will be, that the adoption of the revision of 1865 was a repeal of the special law of 1857; that the revision of 1865, which declares that each court having probate jurisdiction in any county may appoint a public administrator, is a repeal of the law of 1857, which says that thereafter the public administrators of those counties named in that act shall be elected by the qualified voters of said counties ; and,…

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Petition for Mandamus. The argument of the defendant undoubtedly will be, that the adoption of the revision of 1865 was a repeal of the special law of 1857; that the revision of 1865, which declares that each court having probate jurisdiction in any county may appoint a public administrator, is a repeal of the law of 1857, which says that thereafter the public administrators of those counties named in that act shall be elected by the qualified voters of said counties ; and, to support this argument, reference will bo made to the 6th sec., ch. 224, R. 0. 1865, which continues in force, or…

1Opinion of the CourtWagner, Judge

The relator claims the office of public administrator of St. Louis county by virtue of an election by the people at the last general election, and the respondent refuses to approve his bond and permit him to qualify on the ground that the law making the office elective is repealed, and that the power to appoint a person to fill the said office is vested in the respondent as sole judge of the St. Louis Probate Court. By an act of the Missouri Legislature approved March 3, 1857, it was provided at the next general election after the passage of the law, and every four years thereafter, the…

2Cases cited1 opinion

  1. Deters v. RenickSupreme Court of Missouri · 1866

3Cited by18 opinions

  1. State ex rel. Missouri & Mississippi Railroad v. Macon County CourtSupreme Court of Missouri · 1867
  2. Smith v. County of ClarkSupreme Court of Missouri · 1873
  3. Manker v. FaulhaberSupreme Court of Missouri · 1887
  4. Zickler v. Union Bank & Trust Co.Tennessee Supreme Court · 1900
  5. State ex rel. Maguire v. DraperSupreme Court of Missouri · 1870

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