Legal Opinion

Missouri v. Andriano

Supreme Court of the United States

Decided March 2, 1891No. 127PublishedCited by 19 opinions

ERROR TO THE SUPREME COURT OE THE STATE OE MISSOURI. The controversy in this case arose from the conflicting claims of the relator and the respondent to the office of sheriff of Buchanan County, Missouri. The proceeding was originally instituted by an information in the nature óf a quo warranto, filed by the prosecuting attorney, in the Circuit Court of Buchanan County, to test the right of respondent, Andriano, to assume the duties of sheriff.

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ERROR TO THE SUPREME COURT OE THE STATE OE MISSOURI. The controversy in this case arose from the conflicting claims of the relator and the respondent to the office of sheriff of Buchanan County, Missouri. The proceeding was originally instituted by an information in the nature óf a quo warranto, filed by the prosecuting attorney, in the Circuit Court of Buchanan County, to test the right of respondent, Andriano, to assume the duties of sheriff. The information was filed upon the relation of John II, Carey,'who had been holding the office and discharging its duties' for the two preceding…

1Opinion of the CourtJustice Brown

We are’confronted upon the threshold of this case with the inquiry whether there is a federal question involved; if not, the only disposition we can make of it is to dismiss it for want of jurisdiction. The object of the proceeding is to try the respective titles of the relator and the respondent to the office of sheriff of Buchanan County,' Missouri. Respondent relies upon the fact that he received a majority of votes cast at a popular election for the office. Relator' claims to have been in possession of the office since December 1, 1884, performing all the duties imposed upon him by.law,…

2Cases cited9 opinions

  1. Gordon v. CaldcleughSupreme Court of the United States · 1806
  2. Hale v. GainesSupreme Court of the United States · 1860
  3. Reddall v. BryanSupreme Court of the United States · 1861
  4. Fulton v. McAffeeSupreme Court of the United States · 1842
  5. Strader v. BaldwinSupreme Court of the United States · 1850

4 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Taylor and Marshall v. BeckhamSupreme Court of the United States · 1900
  2. Lynde v. LyndeSupreme Court of the United States · 1901
  3. Whitten v. TomlinsonSupreme Court of the United States · 1895
  4. McNulta v. LochridgeSupreme Court of the United States · 1891
  5. Boyd v. Nebraska Ex Rel. ThayerSupreme Court of the United States · 1892

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