State ex rel. Lowe v. Banta
Missouri Court of Appeals
Original Proceeding by Quo Warranto. (1) At the outset we must take issue with counsel. The defendant set out his claim that the defendant could not lose his domicile in the second ward of West-port until he gained another in some other place, nor until he intended to abandon the second ward of West-port as his domicile. Neither of such prepositions is correct.
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Original Proceeding by Quo Warranto. (1) At the outset we must take issue with counsel. The defendant set out his claim that the defendant could not lose his domicile in the second ward of West-port until he gained another in some other place, nor until he intended to abandon the second ward of West-port as his domicile. Neither of such prepositions is correct. Town of Jamaica v. Toton of Townsend, 19 Yt. 267; Whitney v. Inhabitants of Sherborn, 12 Allen, 111; Sleeper v. Page, 15 Gray, 349; Holmes v. Green, 7 Gray, 299; Inhabitants of Jefferson v. Inhabitants of Washington, 19 Maine, 293;…
1Opinion of the CourtGill, J.
This is an original proceeding in quo ivarranto, instituted in this court, whereby it is sought to oust the defendant Banta from the office of alderman for the second ward of Westport, a city of the fourth class. Banta’s eligibility to the office is attacked on the alleged ground that at his election in April last he was not, and is not now, a resident or inhabitant of Westport, or of the ward he represents.
The qualifications for aldermen in cities of the fourth class are set out in sections 18 and 23, Laws 1895, pages 69 and 70; the first providing that “no person shall be an alderman unless…
2Cases cited6 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Hall v. SchoeneckeSupreme Court of Missouri · 1895
- Lankford v. GebhartSupreme Court of Missouri · 1885
- State v. SandersSupreme Court of Missouri · 1891
- Chariton County v. MoberlySupreme Court of Missouri · 1875
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3Cited by10 opinions
- State Ex Rel. King v. WalshSupreme Court of Missouri · 1972
- Stevens v. LarwillMissouri Court of Appeals · 1904
- State ex rel. Kelly v. ShepherdSupreme Court of Missouri · 1909
- Humphrey v. HumphreyMissouri Court of Appeals · 1905
- Barnard School District v. MatherlyMissouri Court of Appeals · 1900
5 more not listed; retrieve them via the Exa API.