State Ex Rel. Barrett v. May
Supreme Court of Missouri
Quo Warranto. Section 1 of Article VI of the Constitution of 1875 vests the judicial power of the State in a “ Supreme Court, St. Louis Court of Appeals, circuit courts, criminal courts, probate courts, county courts and municipal corporation courts.” The Legislature has no power to create any other court or type of court than those enumerated in this section.
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Quo Warranto. Section 1 of Article VI of the Constitution of 1875 vests the judicial power of the State in a “ Supreme Court, St. Louis Court of Appeals, circuit courts, criminal courts, probate courts, county courts and municipal corporation courts.” The Legislature has no power to create any other court or type of court than those enumerated in this section. The term “municipal corporation court,” as used in'Section 1 of Article VI, means only local city or police courts, primarily intended as forums for the enforcement of city ordinances, with subject-matter jurisdiction restricted to…
1Opinion of the CourtHigbee, J.
The Attorney-General has exhibited to this court an information in the nature of a quo warranto, charging that, under the provisions of an act of the General Assembly approved March 28, 1921, entitled, “An Act Creating a Municipal Corporation Court in Certain Counties,” etc. (Laws 1921, p. 226), the Governor appointed the respondent judge of said court in Buchanan County; that said respondent has duly qualified and is exercising the powers and duties of said office; that said apt contravenes Section 1 of Article VI of the Constitution of Missouri; that respondent is unlawfully holding said…
2Cases cited9 opinions
- State ex rel. Dickason v. County CourtSupreme Court of Missouri · 1895
- Hills v. City of ChicagoIllinois Supreme Court · 1871
- Miller v. PeopleIllinois Supreme Court · 1907
- Atkins v. FrakerWisconsin Supreme Court · 1873
- State ex rel. Moberly Special Road District v. BurtonSupreme Court of Missouri · 1916
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State Ex Rel. State Highway Commission v. PaulSupreme Court of Missouri · 1963
- Chamberlin v. Missouri Elections CommissionSupreme Court of Missouri · 1976
- People Ex Rel. Union Trust Co. v. Superior CourtSupreme Court of Colorado · 1971
- Rollins v. ShanerSupreme Court of Missouri · 1927
- Americans United v. RogersSupreme Court of Missouri · 1976
4 more not listed; retrieve them via the Exa API.