Legal Opinion

State ex rel. Richardson v. Henderson

Wyoming Supreme Court

Decided January 16, 1894PublishedCited by 21 opinions

This was an original proceeding in the nature of quo war-ranto, on the relation of Warren Richardson to oust the respondent, Harry B; Henderson, from the office of state examiner, and to have relator declared entitled to said office. The facts are fully stated in the opinion. Section 6 of Chapter 84, Laws 1890-1891, authorized the appointment of relator. Henderson was appointed under a restrictive provision as to his time.

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This was an original proceeding in the nature of quo war-ranto, on the relation of Warren Richardson to oust the respondent, Harry B; Henderson, from the office of state examiner, and to have relator declared entitled to said office. The facts are fully stated in the opinion. Section 6 of Chapter 84, Laws 1890-1891, authorized the appointment of relator. Henderson was appointed under a restrictive provision as to his time. The true rule is that one holding an office, the incumbent of which is by its tenure to he annually or periodically appointed or elected, and with no restrictive provision…

1Opinion of the Court

Geoesbeok, Chief Justice.

This proceeding is instituted in this court to determine the title to the office of State examiner, and the cause is submitted on an agreed statement of facts, the original jurisdiction of this court under the constitution in quo warranto as to state officers being invoked.

The relator and respondent have each all the legal qualifications required of an incumbent of the office. Shortly previous to the 20th day of December, 1892, Joel Ware Poster was the duly appointed, constituted, qualified and acting State examiner, and had resigned the office and ceased to exercise…

2Cases cited23 opinions

  1. State ex rel. Carson v. HarrisonIndiana Supreme Court · 1888
  2. Stocking v. StateIndiana Supreme Court · 1855
  3. People v. TiltonCalifornia Supreme Court · 1869
  4. Badger v. United States Ex Rel. BollesSupreme Court of the United States · 1877
  5. State ex rel. Standish v. BoucherNorth Dakota Supreme Court · 1893

18 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. State ex rel. Holloway v. SheatsSupreme Court of Florida · 1919
  2. Barrett v. DuffSupreme Court of Kansas · 1923
  3. People v. ShawyerWyoming Supreme Court · 1924
  4. Shackelford v. WestSupreme Court of Georgia · 1912
  5. State Ex Rel. Markham v. SimpsonSupreme Court of North Carolina · 1918

16 more not listed; retrieve them via the Exa API.

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