State ex inf. Major v. Breuer
Supreme Court of Missouri
Quo Warranto. (1) “The patriots who framed the Constitution and the people who adopted it must be understood to have used its. words in their natural sense and to have intended what they said.” Gibbons v. Ogden, 9 Wheat. 188. “That, which the words declare, is the meaning of the instrument, and neither the courts nor the Legislature have a right to add to or to take away from that meaning.”
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Quo Warranto. (1) “The patriots who framed the Constitution and the people who adopted it must be understood to have used its. words in their natural sense and to have intended what they said.” Gibbons v. Ogden, 9 Wheat. 188. “That, which the words declare, is the meaning of the instrument, and neither the courts nor the Legislature have a right to add to or to take away from that meaning.” Hills v. Chicago, 60 111. 90; Greeneastle v. Black, 5 Ind. 570; Purdy v. People, 4 Hill (N. Y.) 398; Lake Co. v. Rollins, 130 IT. S. 670’. (2) The words, “ shall be eligible,” refer to the time of the…
1Opinion of the CourtKennish, J.
— This is an original proceeding instituted in this court by the Attorney-General, by filing an' information in the nature of quo warranto, at the relation of Robert S. Ryors, and against the respondent, Ransom A. Breuer.
By stipulation of the parties the issuance of the preliminary writ was waived and respondent voluntarily entered his appearance and filed his return to the information. Relator filed a motion for judgment of ouster notwithstanding the return and an issue of law isi thus presented for decision.
It appears from the facts set forth in the information and return, which are either…
2Cases cited3 opinions
- State ex rel. Scott v. DirckxSupreme Court of Missouri · 1908
- State ex rel. Owens v. DraperSupreme Court of Missouri · 1870
- State ex rel. Bowland v. CloudSupreme Court of Missouri · 1908
3Cited by9 opinions
- Slater v. VarneyWest Virginia Supreme Court · 1951
- State Ex Rel. Dostert v. RigglemanWest Virginia Supreme Court · 1972
- State on the Information of Mitchell v. HeathSupreme Court of Missouri · 1939
- State Ex Rel. McAllister v. Cupples Station Light, Heat & Power Co.Supreme Court of Missouri · 1920
- State v. JohnsonSuperior Court of Delaware · 1927
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