State ex inf. Crow v. Kramer
Supreme Court of Missouri
Transferred from St. Louis Court of Appeals. (1) Taking tbe official oatb is a sufficient user of tbe office to support tbis proceeding to oust respondent therefrom. Rex v. Tate, 4 East 337; People v. Callaghan, 83 Ill. 128; State ex. rel. v. Meek, 129 Mo. 436. (2) Justices of tbe peace shall be elected in tbis State by ballot by qualified voters of tbe several townships and justice of tbe peace districts.
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Transferred from St. Louis Court of Appeals. (1) Taking tbe official oatb is a sufficient user of tbe office to support tbis proceeding to oust respondent therefrom. Rex v. Tate, 4 East 337; People v. Callaghan, 83 Ill. 128; State ex. rel. v. Meek, 129 Mo. 436. (2) Justices of tbe peace shall be elected in tbis State by ballot by qualified voters of tbe several townships and justice of tbe peace districts. Art. VIII, sec. 3, Constitution; Laws 1891, p. 175; sec. 6090, R. S. 1889. (3) Tbe respondent must rely wholly on tbe strength of bis title to tbe office, and not having been elected…
1Opinion of the CourtMarshall, J.
This is a proceeding by quo warranto, instituted in the St. Louis Court of Appeals, by the Attorney-General, in his official capacity, to oust respondent from the office of justice of the peace of the Fourth District of the city of St. Louis. The return of the respondent shows that at the general election in November, 1898, respondent and James Griffen were the only candidates for said office, and that the election resulted in a tie vote, each receiving 3766 votes; that the board of election commissioners certified this result to the circuit court, which in turn certified it to the mayor of…
2Cases cited8 opinions
- People ex rel. Keeler v. RobertsonMichigan Supreme Court · 1873
- Zimmerman v. AdeeIndiana Supreme Court · 1890
- State ex rel. Clifford v. McMullenIndiana Supreme Court · 1874
- Webster v. GilmoreIllinois Supreme Court · 1878
- Wills v. State ex rel. HughesIndiana Supreme Court · 1891
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3Cited by4 opinions
- Brenner v. School District of Kansas City, MissouriDistrict Court, W.D. Missouri · 1970
- State ex inf. Crow v. SmithSupreme Court of Missouri · 1899
- State ex inf. Crow v. TownsSupreme Court of Missouri · 1899
- Bowling v. CarnahanTennessee Supreme Court · 1937