State ex rel. Oddle v. Sherman
Supreme Court of Missouri
Appeal from Fifth District Court. The facts material to the case appear in the opinion of the court. I. The court below erred in reversing the judgment of the Circuit Court on the ground that the information did not set out the ordinance of the city of Chillicothe by which the office of treasurer was created, for the following reasons : 1. The charter, which is well pleaded, gives ample authority to appoint or elect a treasurer, and no ordinance is required to create the…
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Appeal from Fifth District Court. The facts material to the case appear in the opinion of the court. I. The court below erred in reversing the judgment of the Circuit Court on the ground that the information did not set out the ordinance of the city of Chillicothe by which the office of treasurer was created, for the following reasons : 1. The charter, which is well pleaded, gives ample authority to appoint or elect a treasurer, and no ordinance is required to create the office. The reference to the ordinance No. 8 is mere surplusage. Section 23 of the charter of Chillicothe—printed charter…
1Opinion of the CourtHolmes, Judge
This was an information, in the nature of a quo warranto, filed in the Circuit Court of the county of Livingston. The information alleged, in substance, that certain persons named were, on the second day of April, 1867, duly elected mayor and councilmen of the city of Chillicothe, and that on the third day o.f May there-afterward the said mayor and councilmen appointed the relator treasurer of the city, and that he was duly qualified to and entered upon the duties of the office, but that the defendant had unlawfully usurped said office, and judgment of ouster was demanded against him. A…
2Cases cited4 opinions
- Mooney v. KennettSupreme Court of Missouri · 1854
- The People Ex Rel. Crane v. . RyderNew York Court of Appeals · 1855
- Houston v. LaneSupreme Court of Missouri · 1867
- Despard v. WalbridgeNew York Court of Appeals · 1857
3Cited by13 opinions
- Consumer Contact Co. v. State Department of RevenueSupreme Court of Missouri · 1980
- Givens v. Van StuddifordSupreme Court of Missouri · 1885
- Lackey v. United Railways Co.Supreme Court of Missouri · 1921
- City of St. Louis v. RocheSupreme Court of Missouri · 1895
- Mojave and Bakersfield Railroad v. CuddebackCalifornia Court of Appeal · 1915
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