State ex inf. Major ex rel. Sikes v. Williams
Supreme Court of Missouri
Quo Warranto. (1) The Senate of the Forty-fourth General Assembly, in extra session, was empowered to advise and consent to the appointment of relator. T. Action at an extra session may be' taken upon matters presented by the Governor in special message. Const., 1875, art. 4, secs. 9, 55; St. Louis v. Withaus, 16 Mo.
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Quo Warranto. (1) The Senate of the Forty-fourth General Assembly, in extra session, was empowered to advise and consent to the appointment of relator. T. Action at an extra session may be' taken upon matters presented by the Governor in special message. Const., 1875, art. 4, secs. 9, 55; St. Louis v. Withaus, 16 Mo. App. 247. 2. The confirmation of official appointment by the Senate is not a legislative act and may be done at special session, although not mentioned in proclamation or message. 23 Am. and Eng. Ency. Law (2 Ed.), 346-7; 19 Cong. Rec. 53; People v. Blanding, 63 Cal. 333. (2)…
1Opinion of the CourtFox, J.
This is a contest between Jesse W. Sikes and W. W. Williams as to who is entitled to the office of factory inspector of the State of Missouri.
It is not essential to reproduce the petition filed by’ the Attorney-General, nor the return as made to the preliminary writ issued upon such petition. However, to fully appreciate the vital questions confronting us, it is essential that a brief statement of the facts be made.
The office of factory inspector was created by an act of the General Assembly approved April 17, 1901. [Laws 1901, p. 197.] There was an emergency clause to this act. Section 1 of…
2Cases cited9 opinions
- People, Ex Rel. Mason v. . McClaveNew York Court of Appeals · 1885
- Baker v. KirkIndiana Supreme Court · 1870
- People Ex Rel. Joyce v. . BrundageNew York Court of Appeals · 1879
- State ex rel. Robert v. MurphySupreme Court of Florida · 1893
- Kline v. McKelveyWest Virginia Supreme Court · 1905
4 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Shondel Church v. State of MissouriCourt of Appeals for the Eighth Circuit · 2019
- Smith v. Pettis CountySupreme Court of Missouri · 1940
- Denison v. StateCourt of Appeals of Texas · 1933
- Barrett v. DuffSupreme Court of Kansas · 1923
- People v. ShawyerWyoming Supreme Court · 1924
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