Legal Opinion

State v. McBride

Supreme Court of Missouri

Decided April 15, 1836PublishedCited by 53 opinions

QUO WARRANTO. The information charges that the defendant claiming of right to act as judge of the circuit court for the second judicial circuit of this State,' did without any legal commission or authority, exercise and transact certain business, rights, duties, &c. of the office of circuit judge, for said circuit &c.

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QUO WARRANTO. The information charges that the defendant claiming of right to act as judge of the circuit court for the second judicial circuit of this State,' did without any legal commission or authority, exercise and transact certain business, rights, duties, &c. of the office of circuit judge, for said circuit &c. The defendant pleads a commission of judge of the said circuit court; granted to him by the Governor oí the State, on the 11th day of December, 1830. To this plea the circuit attorney demurs. This is an information in the nature of a writ of quo warranto against Priestly H.…

1Opinion of the Court

Opinion of the court by

Tompkins J.

The question raised for the decision of this court is, whether at the last general assembly, such change was *306made in the constitution of this State, that on the- first day of January 1836, the defendant ceased to be judge by-virtue of the commission set out in his plea: the acts charged against him being done and performed since that time.

whore one geni. ¡assembly proposes amendments of'thoState1 — 0" which are ratified and adopted by sombfw the " preme court may yet look into-their that atflp?erequi-sites have been complied with, were Adopted5" by proper…

2Cited by53 opinions

  1. Kadderly v. PortlandOregon Supreme Court · 1903
  2. Oakland Paving Co. v. HiltonCalifornia Supreme Court · 1886
  3. Ellingham v. DyeIndiana Supreme Court · 1912
  4. Buchanan v. KirkpatrickSupreme Court of Missouri · 1981
  5. Gabbert v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902

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