State ex rel. Childs v. Sutton
Supreme Court of Minnesota
Quo warranto. Judgment of ouster. The purpose of the constitutional provision is to guard against trafficking in offices. A further purpose is to remove from the incumbent of an office an inducement for causing a vacancy. Ellis v. Lennon, 86 Mich. 468, 49 N. W. 308; Waldo v. Wallace, 12 Ind. 569; Shelby v. Alcorn, 36 Miss. 273; Sublettv. Bedwell, 47 Miss. 266; Smith v. Moore, 90 Ind. 294; 1 Story, Const. §§ 867-869. Constitutional ineligibility cannot be cured at the polls.
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Quo warranto. Judgment of ouster. The purpose of the constitutional provision is to guard against trafficking in offices. A further purpose is to remove from the incumbent of an office an inducement for causing a vacancy. Ellis v. Lennon, 86 Mich. 468, 49 N. W. 308; Waldo v. Wallace, 12 Ind. 569; Shelby v. Alcorn, 36 Miss. 273; Sublettv. Bedwell, 47 Miss. 266; Smith v. Moore, 90 Ind. 294; 1 Story, Const. §§ 867-869. Constitutional ineligibility cannot be cured at the polls. People v. Clute, 50 N. Y. 451; Sublett v. Bedwell, supra; Saunders v. Haynes, 13 Cal. 145; State v. Smith, 14 Wis. 497;…
1Opinion of the CourtBuck, J.
At the general state election held November 6, 1894, the respondent, John B. Sutton, was elected to the office of representative of the Twenty-Third legislative district 'for the term commencing on the first Monday of January, 1895, and ending on the first Monday of January, 1897. Pursuant to such election, he duly qualified and entered upon the discharge of his duties as such member at the commencement *149of the session for the year 1895, and in that capacity served until May 2 of that year, when he resigned his office as such member. The legislative session during which he served as' a member…
2Cases cited3 opinions
- Newell v. People Ex Rel. PhelpsNew York Court of Appeals · 1852
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