State ex rel. Van Buskirk v. Boecker
Supreme Court of Missouri
Appeal from Holt Circuit Court. I. When respondent notified the County Court in writiiig that he resigned the said office, to take effect at a future time, lie expressed his intention by an unequivocal act and was in every way bound by it. It was not necessary that the resignation should be made to the governor in order to make it complete, for an office may be resigned without a formal act.
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Appeal from Holt Circuit Court. I. When respondent notified the County Court in writiiig that he resigned the said office, to take effect at a future time, lie expressed his intention by an unequivocal act and was in every way bound by it. It was not necessary that the resignation should be made to the governor in order to make it complete, for an office may be resigned without a formal act. Any conduct actually inconsistent with the retention of the office and a formal acceptance of the resignation or appointment of another by proper authority, is sufficient to constitute a resignation.…
1Opinion of the CourtWagner, Judge
The following facts appear from the record : The defendant was at the general election in 1870 elected to the office of Glerk of the County Court of Holt County for the term of four years. He qualified and took possession of the office and by virtue of said election is still in possession, performing the duties of the office. On the 9th day of August, 1872, he addressed a note to the County Court, tendering his resignation, to take effect on the 31st of December, 1872. On the same day the court received the letter of resignation, and ordered an acceptance to be entered upon its records. The…
2Cases cited3 opinions
- Stocking v. StateIndiana Supreme Court · 1855
- State ex rel. Henderson v. County CourtSupreme Court of Missouri · 1872
- Biddle v. WillardIndiana Supreme Court · 1858
3Cited by18 opinions
- Cline v. GreenwoodOregon Supreme Court · 1882
- State ex rel. McGuyer v. HuffIndiana Supreme Court · 1909
- BARROW v. RAFFENSPERGER (Two Cases)Supreme Court of Georgia · 2020
- Knight v. TriggIdaho Supreme Court · 1909
- Rockingham County v. Luten Bridge Co.Court of Appeals for the Fourth Circuit · 1929
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