Legal Opinion

State ex rel. Smith v. Bowman

Missouri Court of Appeals

Decided November 5, 1914PublishedCited by 18 opinions

Appeal from Greene County Circuit Court. — Hon. B. G. Thurmcm, Special Judge. (1) The question of holding* incompatible offices cannot arise in this case, for if holding the office of city clerk is incompatible with that of councilman, by accepting* and entering upon the duties of city clerk the relator thereby forfeits the office of councilman and it at once becomes vacant by operation of law, and relator could not hold both even if he wanted to.

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Appeal from Greene County Circuit Court. — Hon. B. G. Thurmcm, Special Judge. (1) The question of holding* incompatible offices cannot arise in this case, for if holding the office of city clerk is incompatible with that of councilman, by accepting* and entering upon the duties of city clerk the relator thereby forfeits the office of councilman and it at once becomes vacant by operation of law, and relator could not hold both even if he wanted to. State ex rel. v. Bus, 135 Mo. 325; State ex rel. v. Draper, 45 Mo. 355; State ex rel. v. Lusk, 48 Mo. 242.; People v. Carrigue, 2 Hill 93 (15 N. Y.…

1Opinion of the CourtSturgis, J.

— This is a proceeding to determine relator’s right to hold the office of city clerk of Springfield, Missouri. The defendant, mayor of said city, declined to approve his bond or issue him a certificate of election and this proceeding asks the court to compel the defendant to do so. The facts are not disputed. Springfield is a city of the third class. It is agreed that appellant possesses the qualifications necessary for a city clerk, barring the fact of his being a member of the city council of said city at the time of his alleged election or appointment, and that he tendered a good and…

2Cases cited16 opinions

  1. Smith v. . City of AlbanyNew York Court of Appeals · 1875
  2. Hartford Fire Ins. v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Eighth Circuit · 1895
  3. Givens v. Van StuddifordSupreme Court of Missouri · 1885
  4. Kitchen v. GreenabaumSupreme Court of Missouri · 1875
  5. Billingsley v. ClellandWest Virginia Supreme Court · 1895

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3Cited by18 opinions

  1. Petrillo v. Syntex Laboratories, Inc.Appellate Court of Illinois · 1986
  2. Ingram v. StateSupreme Court of Georgia · 1984
  3. Dille v. St. Luke's HospitalSupreme Court of Missouri · 1946
  4. State v. BarnettSupreme Court of Vermont · 1939
  5. Hetrich v. County CommissionersCourt of Appeals of Maryland · 1960

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