State ex rel. Attorney Gen. v. Claggett

Decision Date30 April 1881
Citation73 Mo. 388
PartiesTHE STATE ex rel. THE ATTORNEY GENERAL v. CLAGGETT.
CourtMissouri Supreme Court

Quo Warranto on information of the Attorney General on relation of Henry Turner.

Alex. Graves and Walker & Field for relator.

J. D. Shewalter for respondent.

HOUGH, J.

As the information in this case was filed at the relation of a private person, and as it further appears from the pleadings in the cause that the relator and respondent are rival claimants for the office of register of the city of Lexington, and that this proceeding is, therefore, nothing more than a contest over the title to said office, we are of opinion that the writ of quo warranto has been improvidently issued, and the proceeding will, therefore, be dismissed. We see nothing in the circumstances of this case of such an exceptional nature as to induce us to depart from our long established custom to decline original cognizance of causes of this character. State ex rel. Young v. Buskirk, 43 Mo. 111, and cases there cited. They can be tried with much less expense and inconvenience by the inferior tribunals having jurisdiction thereof, and the condition of our docket is not such as to cause us to invite accessions thereto by the unnecessary exercise of our original jurisdiction.

All the judges concur.

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10 cases
  • State v. Duncan
    • United States
    • Missouri Supreme Court
    • April 2, 1915
    ...the one complaining a relator. State ex rel. v. Vail, 53 Mo. 97; State ex rel. v. Lupton, 64 Mo. 415, 27 Am. Rep. 253; State ex rel. v. Claggett, 73 Mo. 388; State ex tel. v. Francis, 88 Mo. 557; State ex rel. v. Meek, 129 Mo. 431, 31 S. W. 913; State ex rel. v. Lawrence, 38 Mo. 535; State ......
  • State ex rel. Young v. Village of Kent
    • United States
    • Minnesota Supreme Court
    • November 17, 1905
    ... 104 N.W. 948 96 Minn. 255 STATE ex rel. EDWARD T. YOUNG, ATTORNEY GENERAL v. VILLAGE OF KENT and Others Nos. 14,591 - (30) Supreme Court of Minnesota November ... Hamilton, 24 Ill.App. 609; State v. Hoff, 88 ... Tex. 297, 31 S.W. 290; State v. Claggett, 73 Mo ...          We are ... of the opinion that the court exhausts its discretion ... The court said: "This ... proceeding must be regarded as under our statute of 1795 ... (Gen. Stat. p. 2632), which is copied substantially from the ... statute of 9 Anne, c. 20." State v ... ...
  • State ex inf. Barker v. Duncan
    • United States
    • Missouri Supreme Court
    • April 2, 1915
    ...only, also denominate the one complaining a relator. [State ex rel. v. Vail, 53 Mo. 97; State ex rel. v. Lupton, 64 Mo. 415; State ex rel. v. Claggett, 73 Mo. 388; State ex rel. v. Francis, 88 Mo. 557; State rel. v. Meek, 129 Mo. 431, 31 S.W. 913; State ex rel. v. Lawrence, 38 Mo. 535; Stat......
  • State ex rel. Young v. Kent
    • United States
    • Minnesota Supreme Court
    • November 17, 1905
    ...Wild Cat Special Drainage Dist., 31 Ill. App. 223;People v. Hamilton, 24 Ill. App. 609;State v. Hoff, 88 Tex. 297, 31 S. W. 290;State v. Claggett, 73 Mo. 388. We are of the opinion that the court exhausts its discretion when it exercises it upon the preliminary application for leave to file......
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