State ex rel. Withers v. Stonestreet
Supreme Court of Missouri
Appeal from Jaclcson Circuit Court. — Hon. Richard H. Pield, Judge. (1) Both, by the terms of Revised Statutes, 1879, 'section 5838, and by the general rules of law in reference to the matter, the date of the first appointment fixed the beginning of the term of office. Haight n. Lone, 39 N. J. Law, 476. The expression, “term of office,” refers to the office, and not to the person holding it.
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Appeal from Jaclcson Circuit Court. — Hon. Richard H. Pield, Judge. (1) Both, by the terms of Revised Statutes, 1879, 'section 5838, and by the general rules of law in reference to the matter, the date of the first appointment fixed the beginning of the term of office. Haight n. Lone, 39 N. J. Law, 476. The expression, “term of office,” refers to the office, and not to the person holding it. The right to hold over does not extend the term, as applied to the office, but is merely a personal right. Parmater v. State, 102 Ind. 90, 95; People n. Brundage, 78 N. Y. 403, 407; Staten. Emerson, 39…
1Opinion of the CourtSherwood, J.
On the twenty-first day of June, 1889, an information, filed in the Jackson circuit court by the prosecuting attorney, at the instance and on the relation of George W. Belt, which asserted the right of said Belt to the office of Inspector of Petroleum Oils within and for the City of Kansas for the term of two years from the twenty-sixth day of September, 1888, by virtue of a commission of that date, issued by the *367governor, etc.; questioned the right of William M. Stonestreet, the present incumbent to that office, and charged that, since the twentieth day of June, 1889, he intruded himself…
2Cases cited10 opinions
- Ex Parte Duncan N. HennenSupreme Court of the United States · 1839
- State ex rel. Carson v. HarrisonIndiana Supreme Court · 1888
- People, Ex Rel. Mason v. . McClaveNew York Court of Appeals · 1885
- State ex rel. Denison v. City of St. LouisSupreme Court of Missouri · 1886
- Keenan v. PerryTexas Supreme Court · 1859
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3Cited by25 opinions
- Ekern v. McGovernWisconsin Supreme Court · 1913
- Smith v. Pettis CountySupreme Court of Missouri · 1940
- State ex inf. Major ex rel. Sikes v. WilliamsSupreme Court of Missouri · 1909
- Clark v. State, ex rel. GravesSupreme Court of Alabama · 1912
- State Ex Rel. McCarthy v. WatsonSupreme Court of Connecticut · 1946
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