State ex rel. Boyd v. Rose
Supreme Court of Missouri
Appeal from Greene Circuit Coiort. — Hon. W. F. Geiger, Judge. (1) A private relator was not necessary, nor could one have properly been named. This is not a contest between two persons claiming title to an office, but a proceeding against defendants for pretending to exercise the duties of an office not in esse. An information ex officio and not ex relatione, is the proper procedure, and the circuit court had jurisdiction. State ex. rel.
Read the full summary
Appeal from Greene Circuit Coiort. — Hon. W. F. Geiger, Judge. (1) A private relator was not necessary, nor could one have properly been named. This is not a contest between two persons claiming title to an office, but a proceeding against defendants for pretending to exercise the duties of an office not in esse. An information ex officio and not ex relatione, is the proper procedure, and the circuit court had jurisdiction. State ex. rel. Hequembourg v. Lawrence, 38 Mo. 535; Hunter v. Chandler, 45 Mo. 452 ; State ex rel. Kempf v. Boal, 46 Mo. 528; State ex red. Att’y Gen’lv. Vail, 53 Mo. 97;…
1Opinion of the Court
Ewing, C.
This is a proceeding by the state through the prosecuting attorney of Greene county, by way of information in the nature of a quo warranto, and was filed by leave of court. The information recites, in substance, that there were formerly two school districts in Greene county numbered and known as district number one and district number five. That afterwards, as provided by law, there was an election held to decide whether or not the boundaries of district number one should be so extended as to include all the territory of •district number five. At that election a majority of the…
2Cases cited4 opinions
- State ex rel. Attorney General v. VailSupreme Court of Missouri · 1873
- State ex rel. McIlhany v. StewartSupreme Court of Missouri · 1862
- State ex rel. Hequembourg v. LawrenceSupreme Court of Missouri · 1866
- State ex rel. Ewing v. TownsleySupreme Court of Missouri · 1874
3Cited by19 opinions
- State Ex Rel. Griffin v. SmithSupreme Court of Missouri · 1953
- State ex rel. Brown v. Town of WestportSupreme Court of Missouri · 1893
- State ex rel. Thrash v. LambSupreme Court of Missouri · 1911
- State ex inf. Barker v. DuncanSupreme Court of Missouri · 1915
- State ex rel. Brown v. McMillanSupreme Court of Missouri · 1891
14 more not listed; retrieve them via the Exa API.