State ex rel. Brison v. Lingo
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The facts sufficiently appear in the opinion of the court. I. The court erred in striking out the demurrer to the quo warranto. The demurrer was well taken and should have been considered and sustained. II. The court below, by overruling the motion for judgment, interposed by the relator to the plea of appellant, adjudged and determined judicially that such plea was a good answer to the proceedings on the part of the relator.
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Appeal from St. Louis Circuit Court. The facts sufficiently appear in the opinion of the court. I. The court erred in striking out the demurrer to the quo warranto. The demurrer was well taken and should have been considered and sustained. II. The court below, by overruling the motion for judgment, interposed by the relator to the plea of appellant, adjudged and determined judicially that such plea was a good answer to the proceedings on the part of the relator. That judgment and determination was in' force at the time of the rendition of the judgment of ouster and is still in force. The…
1Opinion of the CourtRichardson, Judge
This proceeding was an information in the nature of a quo loarranto, prosecuted in the circuit court of St. Louis county by the circuit attorney of that circuit, in the name of the state, at the relation of Brison, against the defendant, for unlawfully exercising the office of superintendent of the work-house of the city of St. Louis. It was alleged that the defendant had been duly elected to said office, and the term for which he had been elected had not then expired, but that the mayor of the city had suspended him from office and appointed the relator in his stead pursuant to the provision…
2Cases cited2 opinions
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- Gregory v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1889
- J.G. Griner v. B.C. Thomas, District JudgeTexas Supreme Court · 1907
- Ames v. Kansas Ex Rel. JohnstonSupreme Court of the United States · 2010
- State ex rel. Broatch v. MooresNebraska Supreme Court · 1898
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