State v. Smiley
Decision Date | 26 May 1924 |
Docket Number | No. 25082.,25082. |
Citation | 304 Mo. 549,263 S.W. 825 |
Parties | STATE ex rel. ROSENTHAL v. SMILEY et al., Judges. |
Court | Missouri Supreme Court |
Appeal from Circuit Court, St. Louis County; John W. McElhinney, Judge.
Certiorari by the State of Missouri, at the think the relation of Edwin Rosenthal, against Richard S. Smiley and others, Judges of the County Court of St. Louis. Judgment for plaintiff, and defendants appeal. Reversed.
C. C. Wolff and A. E. L. Gardner, all of Clayton, for appellants.
Joseph C. McAtee, of Clayton, for respondent.
This is an appeal from a judgment of the circuit court of St. Louis county quashing on certiorari a record and order of the county court of that county.
On December 1, 1922 and during its November term, 1922, the county court of St. Louis county made and caused to be entered on its records the following order:
On the same day a commission was issued pursuant to the order and delivered to Kiskaddon, who thereupon duly qualified as county counselor by taking the oath of office. On December 13th following Kiskaddon tendered his resignation in writing, which was duly accepted by the court. Afterward, but on the same clay, the county court, without referring in any way to its previous orders appointing Kiskaddon county counselor and subsequently accepting his resignation, made and caused to be entered of record the following order:
On the day that this order was made relator, Rosenthal, was commissioned and took the oath of office. All of the judges composing the county court when the foregoing orders were made went out of office December 31, 1922, the date on which under the law their terms expired. On the coming in of the new county court, and on January 2, 1923, the court made and had entered of record the following order:
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