State ex rel. Turner v. Fitzgerald
Supreme Court of Missouri
PLppeal from Fifth District Court. I. The right given to the city council by charter to judge of the election, returns, and qualifications of its members does not exclude the jurisdiction of the common-law court therein, and certainly not where the jurisdiction by statute is expressly conferred on the Circuit Court to determine the right of any person to hold any office or franchise, who has usurped, intruded into, or unlawfully holds and executes such office or franchise.
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PLppeal from Fifth District Court. I. The right given to the city council by charter to judge of the election, returns, and qualifications of its members does not exclude the jurisdiction of the common-law court therein, and certainly not where the jurisdiction by statute is expressly conferred on the Circuit Court to determine the right of any person to hold any office or franchise, who has usurped, intruded into, or unlawfully holds and executes such office or franchise. (Gen. Stat. 1865, ch. 157, § 1, p. 632; ex parte Heath et al., 8 Hill. 50.) H. The right to judge of the qualifications,…
1Opinion of the CourtCurrier, Judge
This is an information in the nature of a writ of quo warranto to determine by what right the respondent exercises the *427office of councilman of the city of St. Joseph. The proceeding was instituted in the Buchanan Circuit Court, and is brought here by the relator, on appeal from the District Court.
The information was demurred to on the ground, among other causes, of want of jurisdiction in the Circuit Court. That is the only point pressed upon our attention or relied upon in support of the demurrer. The question thus raised involves a construction of section 6, article II, of the charter of…
2Cited by14 opinions
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- State ex rel. Anderton v. KempeWisconsin Supreme Court · 1887
- Taylor v. CarrTennessee Supreme Court · 1911
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