Legal Opinion

State ex rel. McIlhany v. Stewart

Supreme Court of Missouri

Decided March 15, 1862PublishedCited by 32 opinions

Application for leave to file an information in the natwre of a quo warranto.

1Opinion of the CourtNapton, Judge

This is an application for leave to file an information in the nature of a quo warranto.

The information proposed to be filed and acted on states, that at an election of directors of the St. Charles branch of the Southern Bank of St. Louis, on the 11th March, 1861, the relators were duly elected, and afterwards took the oaths and qualified, according to law, for the performance of the duties of such directors ; that the defendants, who were also voted for as directors, but who did not receive a majority of the votes cast", have usurped the office of directors, and are now illegally exercising…

2Cases cited4 opinions

  1. Commonwealth ex rel. O'Hara v. SmithSupreme Court of Pennsylvania · 1811
  2. State v. St. Louis Perpetual Marine, Fire, & Life, InsuranceSupreme Court of Missouri · 1843
  3. State v. MerrySupreme Court of Missouri · 1833
  4. Oldham v. HendersonSupreme Court of Missouri · 1836

3Cited by32 opinions

  1. State ex rel. Moore v. ArchibaldNorth Dakota Supreme Court · 1896
  2. State ex inf. Hadley v. Standard Oil Co.Supreme Court of Missouri · 1909
  3. State ex rel. Attorney General v. VailSupreme Court of Missouri · 1873
  4. State Ex Rel. v. Cobb, County JudgeSupreme Court of Oklahoma · 1909
  5. Hunter v. ChandlerSupreme Court of Missouri · 1870

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