Heller v. Stremmel
| Decision Date | 31 March 1873 |
| Citation | 52 Mo. 309 |
| Parties | MICHAEL HELLER, Plaintiff in Error, v. PHILLIP STREMMEL, Defendant in Error. |
| Court | Missouri Supreme Court |
Error to St. Louis Circuit Court.
Sharp & Broadhead, & McCarty, for Plaintiff in Error.
The “Board of President and Directors of the St. Louis Public Schools,” is a municipal corporation. It exists as a corporation for the public advantage. (Dillon on Municipal Corporations, 29.)
H. A. Clover, for Defendant in Error.
The Board of President and Directors of the Public Schools is not a municipal corporation within the purview of the law. VORIES, Judge, delivered the opinion of the court.
The plaintiff and the defendant were opposing candidates for the office of Justice of the County Court of St. Louis County, at an election holden on the first Tuesday after the first Monday of August, 1871. The certificate of election was given to the defendant, upon which he was commissioned and entered on the duties of the office.
The plaintiff filed his petition in the Circuit Court of St. Louis County, under the provisions of the statute, contesting the election of the plaintiff, and averring as a ground of his contest of said election, that the defendant at the time of the election held the office, and still held the office, of a director in the “Board of the President and Directors of the St. Louis Public Schools,” and that defendant was in virtue thereof ineligible to the office of Justice of the County Court, because it is provided by law, that “no person shall be eligible to the office of Justice of the County Court, who at the time of his election shall hold any office under any Municipal or Railroad Corporation created by the laws of the State of Missouri,” and that “the Board of President and Directors of the St. Louis Public Schools” was a municipal corporation created by the laws of the State of Missouri.
The defendant demurred to the petition on the ground, that it did not state any facts sufficient to entitle the plaintiff to contest the election, or to affect the defendant's right to the office. The St. Louis Circuit Court sustained the demurrer at Special Term, and rendered a final judgment against the plaintiff. The plaintiff appealed to the General Term of said Court, where said judgment was affirmed. The case has been brought to this Court by Writ of Error.
The only question presented to this Court by the plaintiff in error, is whether the defendant is disqualified or ineligible to hold the office of County Court Justice by virtue of his at the time of the election holding the office of School Director in “the Board of President and Directors of the St. Louis Public Schools.” By an Act of the Legislature of the State of Missouri, entitled “an act concerning the County of St. Louis” approved March 14th, 1859, and the acts amendatory thereof, it is provided, that no person shall be eligible to the office of Justice of the County Court, “who at the time of his election shall hold any office under any Municipal or Railroad Corporation created by the laws of the State of Missouri.” (Laws of Missouri 1859, page 449, also Session Acts 1863, page 158; Acts 1871, page 109.) It is contended by the plaintiff, that “the Board of President and Directors of the St. Louis Public Schools” is a municipal corporation, and that defendant being a Director in said Board, is not eligible to the office of Justice of the County Court.
A municipal corporation is defined by Bouvier to be: ...
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