State ex rel. Frank v. Goben
Missouri Court of Appeals
Appeal from Adair Circuit Court. — Son. Nat. M. Shelton, Judge. (1) After respondent admits that relator was elected to the office of city attorney, received his certificate of election, took the oath of office, and entered upon the duties of the office, and at all times since has performed the duties of the office, the title of relator to said office cannot be challenged and respondent will not be heard to say that relator is not now and never has been qualified as city…
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Appeal from Adair Circuit Court. — Son. Nat. M. Shelton, Judge. (1) After respondent admits that relator was elected to the office of city attorney, received his certificate of election, took the oath of office, and entered upon the duties of the office, and at all times since has performed the duties of the office, the title of relator to said office cannot be challenged and respondent will not be heard to say that relator is not now and never has been qualified as city attorney. State ex rel. Tolerton v. Gordon, 236 Mo. 1. c., 159. (2) Title to relator’s office cannot be tried in a mandamus…
1Opinion of the CourtBroaddus, P. J.
Mandamus. On the 4th day of April, 1911, the relator, William Frank, was elected to the office of city attorney for the city of Kirksville, and took the oath of office, and has since been acting as such. The salary of the city attorney is $200 a year, payable monthly, and, in addition thereto, he is allowed a fee of five dollars for every conviction or plea of guilty of every defendant when paid in money.
The mayor and council on the 2d day of October, 1911, passed an ordinance appropriating out of the general revenue fund of the city $855.71, for compensation to the officers and employees of…
2Cases cited8 opinions
- State ex rel. Tolerton v. GordonSupreme Court of Missouri · 1911
- Sheridan v. City of St. LouisSupreme Court of Missouri · 1904
- State ex rel. Jackson v. ThompsonSupreme Court of Missouri · 1865
- State ex rel. Jackson v. MoseleySupreme Court of Missouri · 1864
- Dickerson v. City of ButlerMissouri Court of Appeals · 1887
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