State ex rel. Rice v. Simmons
Missouri Court of Appeals
Appeal from, the Jasper Circuit Court. — Hon. M. Gr. McGI-regor, Judge. Statement of the case by the court. This is a quo warranto proceeding, instituted in the circuit court of Jasper county, September 27, 1887, by the prosecuting attorney of said county, at the relation of J. M. Rice, against the defendant, a justice of the peace, of the city of Sarcoxie, Sarcoxie township, Jasper county, Missouri.
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Appeal from, the Jasper Circuit Court. — Hon. M. Gr. McGI-regor, Judge. Statement of the case by the court. This is a quo warranto proceeding, instituted in the circuit court of Jasper county, September 27, 1887, by the prosecuting attorney of said county, at the relation of J. M. Rice, against the defendant, a justice of the peace, of the city of Sarcoxie, Sarcoxie township, Jasper county, Missouri. The information is in the usual form, and alleges that defendant usurped the office of justice of the peace of the city of Sarcoxie, and was acting as such justice, and that under the laws of…
1Opinion of the CourtEllison, J.
The statute quoted provides for two justices of the peace in each township of the state, and its evident meaning and purpose is to provide for an additional justice in such townships as contain an incorporated town or city of more than two thousand inhabitants, or which contains a town or city of more than one hundred inhabitants, having a medical spring within the boundaries, or within five hundred yards thereof. The required population of the town of the first instance, and the existence of a medical spring in the second, is sufficient to authorize the appointment of an additional justice.…
2Cases cited4 opinions
- State ex rel. Read v. WeatherbySupreme Court of Missouri · 1869
- Scott v. CrewsSupreme Court of Missouri · 1880
- State ex rel. Brison v. LingoSupreme Court of Missouri · 1858
- State ex rel. Wood v. GoldstuckerWisconsin Supreme Court · 1876
3Cited by4 opinions
- In re Incorporate the City of DuquesneSupreme Court of Missouri · 1959
- State Ex Inf. Gentry v. ToliverSupreme Court of Missouri · 1926
- State ex rel. Walker v. PowlesSupreme Court of Missouri · 1896
- Perry v. CarlisleCourt of Appeals of Texas · 1912