State ex rel. McAllister v. Dunn
Supreme Court of Missouri
Quo Warranto. (1) Since the respondent was deputy collector of the City of St. Louis on the date .of the election in November, 1918, he was not eligible to the office of treasurer of said city, and therefore, is not now entitled to that office.
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Quo Warranto. (1) Since the respondent was deputy collector of the City of St. Louis on the date .of the election in November, 1918, he was not eligible to the office of treasurer of said city, and therefore, is not now entitled to that office. E. S. 1909, sec. 3756. (2) The weight of authority is that the term “eligible” as used in a statute means capacity to he chosen, and that therefore .the qualifications must exist at the time of election. 29 Cyc. 1376; Searcy v. Grow, 15 Cal. 117; Taylor v. Sullivan, 45 Minn. 309; Eoane v. Matthews, 75 Miss. 94; State v. Moores, 52 Neb. 770; State v.…
1Opinion of the CourtBlair, J.
Respondent was deputy collector of the City of St. Louis. He became a candidate for the office of treasurer of that city and received a majority of the votes cast at the election. Respondent held his office of deputy collector until after November election and until a short time before the term of treasurer began. This is a proceeding to oust him from the office of treasurer, which office he has assumed.
This case involves a construction of Section 3756, Revised Statutes 1909, which reads thus: “No sheriff, marshal,' clerk or collector or the deputy of any such officer, shall be eligible to…
2Cases cited6 opinions
- State ex rel. Schuet v. MurrayWisconsin Supreme Court · 1871
- State ex rel. Off v. SmithWisconsin Supreme Court · 1861
- Privett v. BickfordSupreme Court of Kansas · 1881
- State ex rel. Perine v. Van BeekSupreme Court of Iowa · 1893
- State v. TrumpfWisconsin Supreme Court · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State Ex Rel. Clay Equipment Corp. v. JensenSupreme Court of Missouri · 1963
- State Ex Rel. Neu, Jr. v. WaechterSupreme Court of Missouri · 1933
- State Ex Rel. Graham v. Hall Ex Rel. StateNorth Dakota Supreme Court · 1944
- State Ex Rel. McDonald v. MooreSupreme Court of Missouri · 1941
- Marvin v. ManashOregon Supreme Court · 1944
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