State Ex Rel. Attorney-General v. Sanderson
Supreme Court of Missouri
Quo Warranto. (1) ’Is respondent entitled to practice pending determination of his appeal? There are at l¿ast three cases in this country directly determinative of this question: Walls v. Palmer, 64 Ind. 493; Tyler v. Presley, 72 Cal. 290; MfcMath v. Manns Bros. Boot & Shoe Co., 12 Ky.
Read the full summary
Quo Warranto. (1) ’Is respondent entitled to practice pending determination of his appeal? There are at l¿ast three cases in this country directly determinative of this question: Walls v. Palmer, 64 Ind. 493; Tyler v. Presley, 72 Cal. 290; MfcMath v. Manns Bros. Boot & Shoe Co., 12 Ky. L. 952, 15 S. W. 879. The decision of the Indiana Court (Walls v. Palmer) was directly approved hv this court in the case of State ex rel. v. Woodson, 128 Mo. 497. This doctrine has not only never heen questioned by this court since the decision in the Woodson case, hut has been repeatedly approved. Ex parte…
1Opinion of the CourtGoode, J.
This is an original proceeding in quo warranto, instituted by the Attorney-General for the purpose of removing the respondent from the office of Prosecuting Attorney of Callaway County. The case stands for decision upon a demurrer to the information, which need not be set out in full. The reason assigned for the demurrer is that the information states no cause of action, a proposition rested upon a. single fact, which will appear presently. According to the information respondent was elected Prosecuting Attorney of Calla-way County in 1918, and qualified and entered upon the discharge of the…
2Cases cited16 opinions
- Powers v. CommonwealthCourt of Appeals of Kentucky · 1901
- State ex rel. Baker v. BirdSupreme Court of Missouri · 1913
- State ex rel. Hamilton v. GuinotteSupreme Court of Missouri · 1900
- Walls v. PalmerIndiana Supreme Court · 1878
- Jayne v. DrorbaughSupreme Court of Iowa · 1883
11 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State Ex Inf. McKittrick v. WilliamsSupreme Court of Missouri · 1940
- Wentz v. ThomasSupreme Court of Oklahoma · 1932
- Opinion of the Justices to the House of RepresentativesMassachusetts Supreme Judicial Court · 1922
- State Ex Rel. Florida Bar v. EvansSupreme Court of Florida · 1959
- State ex inf. Peach v. GoinsSupreme Court of Missouri · 1978
3 more not listed; retrieve them via the Exa API.