State ex rel. Harris v. McCann
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. (1) Substantially the whole return is confessed and avoided. It pleads simply Us pendens. Long v. Long, 79 Mo. 644. (2) The return sufficiently shows that Mc-Cann qualified as a justice of the peace. R. S. secs. .2815-16. (3) The removal by such officer of his office or place of holding court out of the district for which he was elected or appointed is ipso facto a vacation of it.
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Appeal from St. Louis Court of Appeals. (1) Substantially the whole return is confessed and avoided. It pleads simply Us pendens. Long v. Long, 79 Mo. 644. (2) The return sufficiently shows that Mc-Cann qualified as a justice of the peace. R. S. secs. .2815-16. (3) The removal by such officer of his office or place of holding court out of the district for which he was elected or appointed is ipso facto a vacation of it. R. S. secs. 2806, 2833-4. (4) The power to fill a vacancy implies the right of the officer to whom it is given to determine when a vacancy exists. State ex rel. v. Seary, 64…
1Opinion of the CourtRay, J.
This is an information in the nature of a quo warranto, at the relation of Harris, circuit attorney for the eighth judicial circuit, city of St. Louis, against the respondent, Patrick McCann, requiring him to show by what warrant or authority he claims to have and exercise the powers and duties of a justice of the peace, within and for the fifth district in the city of St. Louis, Missouri. The information charges, in substance, that •one Vincent Mullery, in November, 1878, was duly elected and qualified as a justice of the peace, in said district, in said city, for the term of four years;…
2Cases cited2 opinions
- State ex rel. Attorney General v. RansonSupreme Court of Missouri · 1880
- State ex rel. Circuit Attorney v. McCannSupreme Court of Missouri · 1884
3Cited by7 opinions
- Brooks v. StateSupreme Court of Delaware · 1911
- State ex rel. Keifer v. WheatleyIndiana Supreme Court · 1903
- State ex rel. Weed v. MeekSupreme Court of Missouri · 1895
- State ex informatione Crow v. LundSupreme Court of Missouri · 1902
- State ex rel. Walker v. PowlesSupreme Court of Missouri · 1896
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