State ex rel. Lee v. Jenkins
Missouri Court of Appeals
Appeal from the Ripley. County Circuit Court, John G, Wear, Judge. The common law writ of quo toarranto does not exist in Missouri. It has been superseded, “ in consequence of the length of its process, by the speedier process of an information in the nature of a quo warranto.” Tomlin’s Law Dictionary, title, quo warranto; The State r. Ins.
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Appeal from the Ripley. County Circuit Court, John G, Wear, Judge. The common law writ of quo toarranto does not exist in Missouri. It has been superseded, “ in consequence of the length of its process, by the speedier process of an information in the nature of a quo warranto.” Tomlin’s Law Dictionary, title, quo warranto; The State r. Ins. Co., 8 Mo. 330 ; The State r>. Stone, 25 Mo. 555 The State ex rel. v. Vail, 53 Mo. 97. Counsel for relators here has, it seems from the petition, confounded the writ of quo warranto with an information in the nature of quo warranto. The petition fails to…
1Opinion of the CourtLewis, P. J.
This is an information in the nature of a quo warranto against the defendants, who are acting as trustees of “ The Inhabitants of the Village of Doniphan.” The information charges that no such village exists, or ever did exist as a corporation created by law, and that the defendants are unlawfully and wrongfully usurping powers and trusts not vested in them, by levying and collecting taxes, passing municipal ordinances, and otherwise assuming municipal control over certain territory described, and the residents therein ; that, in the’ year 1847, the town of Doniphan was regularly laid off and…
2Cases cited6 opinions
- State ex rel. Attorney General v. VailSupreme Court of Missouri · 1873
- Proctor v. Hann. & St. Joe. R. R.Supreme Court of Missouri · 1876
- State ex rel. Patterson v. McReynoldsSupreme Court of Missouri · 1875
- State ex rel. Rosenblatt v. HemanSupreme Court of Missouri · 1879
- Ragan v. McCoySupreme Court of Missouri · 1860
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3Cited by6 opinions
- State ex rel. Fullerton v. Des Moines City RailwaySupreme Court of Iowa · 1906
- West End v. StateSupreme Court of Alabama · 1902
- Reed v. GoldneckMissouri Court of Appeals · 1905
- State Ex Inf. Otto v. HydeSupreme Court of Missouri · 1927
- State ex rel. Sutton v. WiethauptMissouri Court of Appeals · 1910
1 more not listed; retrieve them via the Exa API.