State ex rel. Kirtley v. Augustine
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — How. O. M. Spencer, Judge. (1) The resignation should have been addressed to the governor to make it effective. The acceptance of the resignation by the county court was a nullity. State, etc., v. Boeclcer, 36 Mo. 17. (2) The order of the county court of June 4, 1889, requiring John Augustine to give a new school bond, was made without authority of law and is void.
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Appeal from Buchanan Circuit Court. — How. O. M. Spencer, Judge. (1) The resignation should have been addressed to the governor to make it effective. The acceptance of the resignation by the county court was a nullity. State, etc., v. Boeclcer, 36 Mo. 17. (2) The order of the county court of June 4, 1889, requiring John Augustine to give a new school bond, was made without authority of law and is void. The order of the county court of July 8, 1889, declaring the office of county treasurer vacant for the reason that said treasurer had failed, refused and neglected to comply with the order of…
1Opinion of the CourtMagi’aklane, J.
This is a proceeding by quo war-ranto to test the title of defendant to the office of treasurer of Andrew county. It was commenced in the circuit court of Andrew county, but was removed by change of venue to Buchanan county, where a judgment of ouster was rendered against defendant, who appealed. From the evidence the following conclusion of facts are fairly deducible.
On the twenty-fifth day of June, 1889, defendant John Augustine, being then treasurer of said county, tendered to the county court of said county his written resignation, intending to resign, vacate and surrender said office.…
2Cases cited4 opinions
- Edwards v. United StatesSupreme Court of the United States · 1881
- Mimmack v. United StatesSupreme Court of the United States · 1878
- State ex rel. Van Buskirk v. BoeckerSupreme Court of Missouri · 1874
- People ex rel. McCune v. Board of Police for the Metropolitan Police DistrictNew York Supreme Court · 1858
3Cited by12 opinions
- State Ex Rel. Conley v. ThompsonWest Virginia Supreme Court · 1925
- Rockingham County v. Luten Bridge Co.Court of Appeals for the Fourth Circuit · 1929
- State ex rel. Bergshicher v. GraceTennessee Supreme Court · 1904
- State Ex Rel. Jernigan v. StickleySupreme Court of South Carolina · 1908
- State ex rel. Fast v. PopejoyIndiana Supreme Court · 1905
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