State ex rel. Smith v. Bowman
Missouri Court of Appeals
Appeal from Greene County Circuit Court. — Hon. B. G. Thurmcm, Special Judge. (1) The question of holding* incompatible offices cannot arise in this case, for if holding the office of city clerk is incompatible with that of councilman, by accepting* and entering upon the duties of city clerk the relator thereby forfeits the office of councilman and it at once becomes vacant by operation of law, and relator could not hold both even if he wanted to.
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Appeal from Greene County Circuit Court. — Hon. B. G. Thurmcm, Special Judge. (1) The question of holding* incompatible offices cannot arise in this case, for if holding the office of city clerk is incompatible with that of councilman, by accepting* and entering upon the duties of city clerk the relator thereby forfeits the office of councilman and it at once becomes vacant by operation of law, and relator could not hold both even if he wanted to. State ex rel. v. Bus, 135 Mo. 325; State ex rel. v. Draper, 45 Mo. 355; State ex rel. v. Lusk, 48 Mo. 242.; People v. Carrigue, 2 Hill 93 (15 N. Y.…
1Concurrence
*561CONCUEEING OPINION.
EOBEETSON, P. J.
The appellant in this case, while a member of the city council, claims ¡to have been elected city clerk. This action is prosecuted and submitted here on the theory that he has the right to hold both offices at the same time.
By reason of the constitutional provision quoted in the majority opinion he was disqualified from holding this office, and, 'therefore could not be legally elected. The fact that there was no constitutional question invoked in the trial court, or here, by the parties does not prevent the application of such a provision as this, since it…
2Cases cited3 opinions
- State ex rel. Curtice v. SmithSupreme Court of Missouri · 1903
- State ex rel. Hobart v. SmithSupreme Court of Missouri · 1903
- Wabash Railroad v. FlanniganSupreme Court of Missouri · 1909