Ex parte Bellows

• Court: Missouri Supreme Court
• Writing for the Court: MCGIRK
• Citation: Ex parte Bellows, 1 Mo. 115 (Mo. 1821)
• Decision Date: 30 September 1821
• Parties: BELLOWS, EX-PARTE.

1 Mo. 115

BELLOWS, EX-PARTE.

Supreme Court of Missouri.

September Term, 1821.

MCGIRK, C. J.

This case presents two applications for a writ of quo warranto: one to the constable of the township of Franklin, in the county of Howard, to show by what authority he exercises that office; the other part of the petition asks a similar writ to N. S. Burckhartt, sheriff of Howard county, to show cause why he executes the office of assessor; alleging, said Burckhartt was a holder of public money at the time of his appointment, and that he had not paid, at the time of being appointed assessor, all sums for which he may be accountable. The petition is veed by oath. The petition does not show that Parish was illegally appointed, but alleges that he is not now qualified to hold the office, because he boards with Mr. Ryland, and sleeps in the office of Ryland & Grundy; and then states, in general terms, that he is not qualified as the law directs. This Court conceive the writ of quo warranto is a proper remedy, in case the person complained of had been...