State ex rel. McHenry v. Jenkins
Supreme Court of Missouri
Petition for Mandamus. The facts appear in the opinion of the court. I. The judge of the Kansas City Court of Common Pleas had no right to go behind the certificate of election and inquire into the legality of the election. (41 Mo. 221.) H. The provisions of section 22, article VI, of the constitution are remedial only, and not intended to operate as a vacating clause by shortening the term of said office.
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Petition for Mandamus. The facts appear in the opinion of the court. I. The judge of the Kansas City Court of Common Pleas had no right to go behind the certificate of election and inquire into the legality of the election. (41 Mo. 221.) H. The provisions of section 22, article VI, of the constitution are remedial only, and not intended to operate as a vacating clause by shortening the term of said office. The term of said office was six years, before the adoption of this constitution, which fixes the term of office of all clerks at four years. Circuit clerks, under previous laws, were…
1Opinion of the CourtBliss, Judge
Relator applies for a peremptory writ of mandamus upon the defendant, as judge of the Court of Common Pleas of Kansas City, to issue a commission to him as clerk of his court.
*264The relator was elected clerk at the last general election, received the proper certificate, and demanded a commission from, the judge, which, by the act creating the court, it is his duty to give to the clerk. There was no irregularity in the election, if any election to fill this office could then be had. Mr. Vincent, the present acting clerk, was elected in 1864 for four years. The office was declared vacant by the…
2Cited by20 opinions
- State ex rel. Carson v. HarrisonIndiana Supreme Court · 1888
- State ex rel. Everding v. SimonOregon Supreme Court · 1891
- Kimberlin v. State ex rel. TowIndiana Supreme Court · 1892
- State ex rel. McGee v. GardnerSouth Dakota Supreme Court · 1893
- State ex rel. Thayer v. BoydNebraska Supreme Court · 1891
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