State ex rel. Attorney General v. McGovney
Supreme Court of Missouri
Quo warranto. To say that respondent’s term of office is extended to the first day of April is in conflict with section 8, of article 14, of the constitution of the state of Missouri, which provides that the term of no officer shall be extended for a longer period than that for which such officer was elected or appointed. The amendment of section 5362, directly extends the office of treasurer in counties having adopted township organization.
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Quo warranto. To say that respondent’s term of office is extended to the first day of April is in conflict with section 8, of article 14, of the constitution of the state of Missouri, which provides that the term of no officer shall be extended for a longer period than that for which such officer was elected or appointed. The amendment of section 5362, directly extends the office of treasurer in counties having adopted township organization. The legislature has the right to provide a uniform time for the election of public officers, as public convenience may require, though it might sometimes…
1Opinion of the CourtBlack, J.
This is an information in the nature of a quo warranto. The respondent was elected treasurer of Vernon county at the November election, 1884. By the law then in force (R. S., sec. 5362), the treasurer held his office for two years and until his successor should be elected and qualified. This section was amended in 1885 (Acts of 1885, p. 108) by adding thereto the proviso: “ That in counties having adopted, or which may hereafter adopt, township organization, the terms of office-of said treasurer shall be extended to the first day of April next after the election of his successor.”
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2Cases cited1 opinion
- State ex rel. Attorney General v. RansonSupreme Court of Missouri · 1880
3Cited by11 opinions
- State Ex Rel. Martin v. PrestonSupreme Court of North Carolina · 1989
- State Ex Rel. Voss v. DavisSupreme Court of Missouri · 1967
- State ex rel. Harrison v. MenaughIndiana Supreme Court · 1898
- Bond v. PhelpsSupreme Court of Oklahoma · 1948
- Common Council v. SchmidMichigan Supreme Court · 1901
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