State ex rel. Peters v. McCollister
Ohio Supreme Court
This is an information, in the nature of a quo warranto, from the county of Pike. The case is as follows : On November 29, 1840, the prosecuting attorney of the county of Pike, on the relation of Elisha P. Peters, by leave of the court, filed an information, in the nature of a quo warranto, against the defendant, Charles McCollister. This information contains eight several counts.
Read the full summary
This is an information, in the nature of a quo warranto, from the county of Pike. The case is as follows : On November 29, 1840, the prosecuting attorney of the county of Pike, on the relation of Elisha P. Peters, by leave of the court, filed an information, in the nature of a quo warranto, against the defendant, Charles McCollister. This information contains eight several counts. In the four first it is charged, in substance, that on April 4, 1840, the defendant, being treasurer of the county of Pike, unlawfully usurped the office of associate judge of the court of common pleas of said…
1Opinion of the CourtHitchcock, J.
This information is filed upon the supposition that there is an incompatibility between the offices of associate judge and county treasurer; and that the same person can not, consistently with law, hold both of said offices at the same time. Tho only difficulty in the case grows out of an act of the general *43assembly of the state, passed on February 14, 1840; which provides, “that no citizen of this state shall hold, by appointment, at the same time, or for the same period of time, more than one of the offices hereinafter mentioned, to wit, the office of sheriff, county auditor, county…
2Cited by74 opinions
- Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
- Leavitt v. Fiberloid Co.Massachusetts Supreme Judicial Court · 1907
- Lukens v. FreiundSupreme Court of Kansas · 1882
- Patterson v. Orangeburg Fertilizer Co.Supreme Court of South Carolina · 1921
- Missouri Bag Co. v. Chemical Delinting Co.Mississippi Supreme Court · 1952
69 more not listed; retrieve them via the Exa API.