State ex rel. Bornefeld v. Kupferle
Supreme Court of Missouri
Information in the nalxtre of quo toarranto. I. The fact being established that Bornefeld was, prior to the 2d day of June, 1868, secretary of the company, the law presumes that relation or state of things to continue in statu quo until the contrary be shown. (1 Greenl.
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Information in the nalxtre of quo toarranto. I. The fact being established that Bornefeld was, prior to the 2d day of June, 1868, secretary of the company, the law presumes that relation or state of things to continue in statu quo until the contrary be shown. (1 Greenl. Ev. § 41.) To overcome this presumption the defendant relies upon the alleged removal of Bornefeld and the election of defendant as secretary of said corporation; and, as to these allegations, the burden of proof is on the defendant. (1 Greenl. Ev. § 74.) Particularly there, as in this case, the means of proof lie peculiarly…
1Opinion of the CourtCurrier, Judge
This is an information in the nature of a writ of quo warranto, the writ itself having long since fallen into obsoleteness and disuse. The information initiates a civil proceeding to try the right to an office, although in its origin and form it partakes of a criminal character, and is a substitute for the original writ of quo warranto. But the proceeding is essentially civil, and that is the established doctrine in this State. (Brison v. Lingo, 26 Mo. 496; McElhany v. Stewart, 32 Mo. 379; Hequembourg v. Lawrence, 38 Mo. 535.) The information, answer, and reply are subject to the rules…
2Cases cited7 opinions
- State ex rel. McIlhany v. StewartSupreme Court of Missouri · 1862
- State ex rel. Hequembourg v. LawrenceSupreme Court of Missouri · 1866
- McDaniels v. Flower Brook Manufacturing Co.Supreme Court of Vermont · 1850
- State ex rel. Brison v. LingoSupreme Court of Missouri · 1858
- State ex rel. Danforth v. HuntonSupreme Court of Vermont · 1856
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State ex inf. Barker v. DuncanSupreme Court of Missouri · 1915
- State v. NorthupSupreme Court of Missouri · 1963
- State ex rel Freeman v. CarveySupreme Court of Iowa · 1915
- Black v. CummingsSupreme Court of Rhode Island · 1939
- State Ex Rel. Schneider v. DarbyWisconsin Supreme Court · 1922
4 more not listed; retrieve them via the Exa API.