State ex inf. Dorian v. Taylor
Supreme Court of Missouri
Appeal from Knox Circuit Court. — Now. Charles D. Stewart, Judge. The information shows on its face that it is not signed by the prosecuting attorney, nor by any person for him. The record shows that leave to file the information was asked and obtained by the attorneys for the relator. The prosecuting attorney is on record saying that he will not lend the use of his name for the further prosecution of this suit.
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Appeal from Knox Circuit Court. — Now. Charles D. Stewart, Judge. The information shows on its face that it is not signed by the prosecuting attorney, nor by any person for him. The record shows that leave to file the information was asked and obtained by the attorneys for the relator. The prosecuting attorney is on record saying that he will not lend the use of his name for the further prosecution of this suit. Can the appe'al be perfected and the suit prosecuted in this court over the protest of the prosecuting attorney? Has this court acquired jurisdiction of the cause? These questions are…
1Opinion of the CourtLamm, J.
Relator Black, by counsel, exhibited to the circuit court of Knox county, on the 5th day of June, 1905', an information in the nature of quo .warranto against Taylor and five others, directors of the school district of the town of Hurdland in said county. Thereat leave was granted, and, summons issuing and service being had, respondents answered, and in July of that year (at a trial to the court without a jury) judgment went for defendants. From that judgment relator appeals.
The information follows:
“The State of Missouri, by James C. Dorian, the prosecuting attorney of Knox county, at the…
2Cases cited5 opinions
- Black v. EarlySupreme Court of Missouri · 1907
- People ex rel. Peabody v. Attorney GeneralNew York Supreme Court · 1856
- State ex inf. Folk v. TaltySupreme Court of Missouri · 1902
- State ex rel. Meriwether v. CampbellSupreme Court of Missouri · 1894
- Commonwealth v. Lexington & Harrodsburg Turnpike Road Co.Court of Appeals of Kentucky · 1846
3Cited by24 opinions
- Valley Bank v. MalcolmArizona Supreme Court · 1922
- State Ex Rel. Hopkins v. StemmonsMissouri Court of Appeals · 1957
- STATE EX INF. VOIGTS, ETC. v. City of Pleasant ValleyMissouri Court of Appeals · 1970
- State ex el. Schneider's Credit Jewelers, Inc. v. BrackmanSupreme Court of Missouri · 1954
- State ex inf. Graham ex rel. Mississippi County ex rel. Bishop v. HurleySupreme Court of Missouri · 1976
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