State ex rel. Rose v. Job
Supreme Court of Missouri
Appeal from Cass Circuit Court. — Now. William L. Jarnott, Judge. (1) Relators were entitled to judgment of ouster on failure to answer October 3, 1903. A sufficient answer and return was not filed until January 25, 1904. State ex rel. v. Griovanomi, 59 Mo.
Read the full summary
Appeal from Cass Circuit Court. — Now. William L. Jarnott, Judge. (1) Relators were entitled to judgment of ouster on failure to answer October 3, 1903. A sufficient answer and return was not filed until January 25, 1904. State ex rel. v. Griovanomi, 59 Mo. App. 43; State ex rel. v. Yallins, 140 Mo. 535; R. S. 1899, sec. 4460. (2) Qua warranto is tbe proper proceeding to test tbe right of school directors to- hold office, and thereby test the validity of the district’s formation. R. S. 1899', sec. 4457; State ex rel. v. Rose, 84 Mo. 198; State ex rel. V. .-Stone, 152 Mo. 202; State ex rel. v.…
1Opinion of the CourtFox, P. J.
This cause is now pending before this court upon appeal from a judgment of the circuit court of Cass county, Missouri, in favor of the respondents. This proceeding is one in which the extraordinary writ of quo warranto is invoked to test the legality of the organization of a school district and to oust certain alleged officials from the exercise of certain duties, functions and privileges under and hy virtue of such illegal organization. To fully appreciate this controversy it is essential that we reproduce the pleadings. Relators on the 7th day of September, 1903, filed in the circuit court…
2Cases cited7 opinions
- State ex inf. Crow v. VallinsSupreme Court of Missouri · 1897
- State ex rel. McIlhany v. StewartSupreme Court of Missouri · 1862
- State v. SansoneSupreme Court of Missouri · 1893
- Keene v. WyattSupreme Court of Missouri · 1901
- State ex rel. Berkley v. McClainSupreme Court of Missouri · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Degonia v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1909
- Chandler v. Chicago & Alton RailroadSupreme Court of Missouri · 1913
- Oakley v. RichardsSupreme Court of Missouri · 1918
- Ewing v. Vernon CountySupreme Court of Missouri · 1909
- Millar v. St. Louis Transit Co.Supreme Court of Missouri · 1909
33 more not listed; retrieve them via the Exa API.