State ex rel. Ewing v. Townsley
Supreme Court of Missouri
Information in nature of a Quo Warranto. Tbe returns and abstracts in tlie County Clerk’s Office were not conclusive but only primafacie evidence, and tlie defendant should not have been forbidden to go behind them. That defendant’s position is correct, will appear from tbe following authorities and uniform adjudications on this subject in this and other States ; (Cooley, Const. Lim., 3d ed., § 623 ; Mayo vs. Freeland, 10 Mo., 630 ; State, ex rel.
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Information in nature of a Quo Warranto. Tbe returns and abstracts in tlie County Clerk’s Office were not conclusive but only primafacie evidence, and tlie defendant should not have been forbidden to go behind them. That defendant’s position is correct, will appear from tbe following authorities and uniform adjudications on this subject in this and other States ; (Cooley, Const. Lim., 3d ed., § 623 ; Mayo vs. Freeland, 10 Mo., 630 ; State, ex rel. Bell vs. Harrison, 38 Mo., 510; State vs. Hodman, 13 Mo., 256 ; Brown vs. Hixon, 15 Mo., 310; State ex rel. Att’y Gen. vs. Steers, 11 Mo., 225 ;…
1Opinion of the CourtNapton, Judge
This is a proceeding by the State, through the Attorney Genera], by way of information in the nature of a quo warranto, to try the right of defendant to the office of judge of the sixth judicial circuit.
The defendant, by way of plea, set up that he was duly elected on the first Monday in November, 1868 ; that within due time the Secretary of State, in the presence of the Governor, opened the returns and cast up the votes given in the counties composing said circuit, and that said Secretary certified to the Governor that said defendant had received the highest number of votes at said election…
2Cases cited1 opinion
- State ex rel. Attorney General v. VailSupreme Court of Missouri · 1873
3Cited by13 opinions
- State ex rel. Major v. Arkansas Lumber Co.Supreme Court of Missouri · 1914
- State Ex Inf. McKittrick v. WilliamsSupreme Court of Missouri · 1940
- State ex rel. Young v. Village of KentSupreme Court of Minnesota · 1905
- State ex inf. Walker v. Equitable Loan & Investment Ass'nSupreme Court of Missouri · 1898
- State ex rel. Boyd v. RoseSupreme Court of Missouri · 1884
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