State ex rel. Henson v. Sheppard
Supreme Court of Missouri
Prohibition. (1) The facts are admitted by the pleadings, hence, the court has only to pass upon a question of law. (2) We do not understand that respondent, or his counsel, claim that the proceeding to suspend relator from his office has any reference, even remotely, to the statute of the State in relation to the removal of circuit clerks from office, but if such claim is made, the most casual examination of the statute in connection with the motion filed by the prosecuting…
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Prohibition. (1) The facts are admitted by the pleadings, hence, the court has only to pass upon a question of law. (2) We do not understand that respondent, or his counsel, claim that the proceeding to suspend relator from his office has any reference, even remotely, to the statute of the State in relation to the removal of circuit clerks from office, but if such claim is made, the most casual examination of the statute in connection with the motion filed by the prosecuting attorney to suspend, will demonstrate its utter fallacy. The motion to suspend relator avers that he is wholly…
1Opinion of the CourtLamm, J.
Suggestion for prohibition. Relator is the duly elected, qualified and acting clerk of the circuit court within and for Butler county. Respondent is the duly appointed, qualified and acting judge of said court. On the 22nd day of June, 1905, there were filed in said court by Joseph T. Davidson, prosecuting attorney of Butler county, two informations: in one, Henson stands charged with feloniously, willfully, deliberately and premeditately, with malice aforethought, assaulting one William Heck with a loaded shotgun on the 14th of April, 1905, and then and there feloniously killing said Heck by…
2Cases cited11 opinions
- State ex rel. Hart v. Common CouncilSupreme Court of Minnesota · 1893
- People, Ex Rel. Keech v. . ThompsonNew York Court of Appeals · 1884
- Wammack v. HollowaySupreme Court of Alabama · 1841
- State ex inf. Crow v. EvansSupreme Court of Missouri · 1902
- Mealing v. PaceSupreme Court of Georgia · 1854
6 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- State Ex Inf. Atty. Gen. v. HedrickSupreme Court of Missouri · 1922
- State Ex Inf. McKittrick v. WymoreSupreme Court of Missouri · 1938
- State Ex Rel. Voss v. DavisSupreme Court of Missouri · 1967
- State Ex Inf. McKittrick v. WilliamsSupreme Court of Missouri · 1940
- McGrew v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1910
26 more not listed; retrieve them via the Exa API.