State ex rel. Harvey v. Manning
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. — Hon. Sherarb Barclay, Judge. The whole spirit of the different provisions in re-r lation to the office of justice of the peace, as they now exist upon the statute book, is to the express end and purpose that justices shall be elected or appointed for four years, and that where a vacancy occurs, it must be filled for the unexpired term of the former incumbent or “ until the next general election of county officers at which justices of…
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Appeal from St. Louis Circuit Court. — Hon. Sherarb Barclay, Judge. The whole spirit of the different provisions in re-r lation to the office of justice of the peace, as they now exist upon the statute book, is to the express end and purpose that justices shall be elected or appointed for four years, and that where a vacancy occurs, it must be filled for the unexpired term of the former incumbent or “ until the next general election of county officers at which justices of the peace can be elected.” Cons., Art. vi, sec. 37; R. S., §§ 2805, 2807, 2809; State ex rel. «. Hanson, 73 Mo. 78. There…
1Opinion of the Court
Henry, C. J. —
This is a quo warranto proceeding commenced in the circuit court of St. Louis against respondent, alleging that he had intruded himself into the *664office of justice of the peace of the fourth district of the city of St. Louis, and asking a judgment of ouster against him. In his return to the writ Manning alleged that at the November election, 1882, one Patrick Parnell was duly elected justice of the peace of the fourth district, and qualified and entered upon the discharge of the duties of the office, but died on the third day of December, 1882, and on the twenty-ninth day of…
2Cases cited1 opinion
- State ex rel. Attorney General v. RansonSupreme Court of Missouri · 1880
3Cited by23 opinions
- Johnson—Brinkman Commission Co. v. Central BankSupreme Court of Missouri · 1893
- State ex rel. American Piano Co. v. Superior CourtWashington Supreme Court · 1919
- Sonnesyn v. AkinNorth Dakota Supreme Court · 1903
- Shinnabarger v. SheltonMissouri Court of Appeals · 1890
- Steele v. BrazierMissouri Court of Appeals · 1909
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