State ex rel. Crow v. Hostetter
Supreme Court of Missouri
Quo Warranto. (1) The provisions of the law for filling vacancies, section 1964, Eevised Statutes 1889, govern, as against the general statute upon the same subject. State ex rel. v. Rankin, 49 N. W. Eep. 1121. (2) Where the time or tenure is fixed, and no provision for holding over is found, then the tenure ceases on the day fixed in the statute creating the tenure, and the right to hold ceases upon' that day.
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Quo Warranto. (1) The provisions of the law for filling vacancies, section 1964, Eevised Statutes 1889, govern, as against the general statute upon the same subject. State ex rel. v. Rankin, 49 N. W. Eep. 1121. (2) Where the time or tenure is fixed, and no provision for holding over is found, then the tenure ceases on the day fixed in the statute creating the tenure, and the right to hold ceases upon' that day. State ex rel. v. O’Leary, 66 N. W. Eep. 264. (3) Maggie B. Wheeler is duly commissioned and qualified on the face of the record. Her certificate and commission are prima facie evidence…
1Opinion of the CourtBarclay, P. J.
This is an original action in this court to ascertain by what warrant defendant holds the office of clerk of the county court of St. Clair county. The proceeding was instituted by an information of the Attorney-general in his official capacity. The information contains a full recital of the facts. They have been admitted by the demurrer which defendant has filed. Counsel in this court, with commendable fairness, have waived formalities that might have caused delay, and have submitted the cause for prompt decision upon briefs that have been of great help toward the speedy determination of the…
2Cases cited8 opinions
- Minor v. HappersettSupreme Court of the United States · 1875
- Sanner v. PattonIllinois Supreme Court · 1895
- Cole v. TuckerMassachusetts Supreme Judicial Court · 1895
- People Ex Rel. Bradley v. . ShawNew York Court of Appeals · 1892
- People Ex Rel. Goring v. President & Board of TrusteesNew York Court of Appeals · 1895
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3Cited by27 opinions
- Dickson v. StricklandTexas Supreme Court · 1924
- Rathjen v. Reorganized School District R-IISupreme Court of Missouri · 1955
- State ex rel. West v. ButlerSupreme Court of Florida · 1915
- State Ex Rel. Moore v. TobermanSupreme Court of Missouri · 1952
- Spector v. GlissonSupreme Court of Florida · 1974
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