State ex rel. Reitemeyer v. Gasconade Cnty. Court

Decision Date31 October 1862
CitationState ex rel. Reitemeyer v. Gasconade Cnty. Court, 33 Mo. 102 (Mo. 1862)
PartiesTHE STATE OF MISSOURI ex rel. HENRY REITEMEYER, Petitioner, v. GASCONADE COUNTY COURT, Respondent.
CourtMissouri Supreme Court

Petition for Mandamus.

Rombauer & Finkelnburg, for petitioner.

BATES, Judge, delivered the opinion of the court.

This is an application for a mandamus to compel the County Court of Gasconade county to commission the petitioner as treasurer of Gasconade county.The return to the first writ of mandamus shows the only reason of the refusal to commission him is, that the election at which he was chosen treasurer took place on the fourth day of November, 1862, and that he filed the oath required by the second section of the ordinance of the Convention defining the qualifications of voters and civil officers in this State, on the thirtieth day of October, 1862.The ordinance requires that the oath shall be filed in the office of the clerk of the County Court“at least five days before the day of election.”

If the day on which the oath was filed be counted, then it was filed five days before the day of election....

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14 cases
  • Eastern Oil Co. v. Coulehan
    • United States
    • West Virginia Supreme Court
    • April 27, 1909
    ... ... v. COULEHAN et al. Supreme Court of Appeals of West Virginia. April 27, 1909 ... 519, 525, 57 N.E ... 238. In this state and in Pennsylvania such leases are ... v. Willson, 18 Mass. 485; State v. Gasconade County ... Ct., 33 Mo. 102; 28 Am. & Eng. Ency ... ...
  • State ex rel. Holladay v. Mayor
    • United States
    • Missouri Court of Appeals
    • July 6, 1909
    ...have been void. R. S. 1899, sec. 3027, 3029; State v. Webb, 49 Mo.App. 407; State ex rel. v. Ruark, 34 Mo.App. 325; State ex rel. v. Gasconade Co. Court, 33 Mo. 102; parte Sublet (Tex.), 4 S.W. 894. (5) The jurisdiction of the county court at the beginning of the local option proceedings an......
  • Old Bank of Stoutsville v. Curtiss
    • United States
    • Missouri Court of Appeals
    • April 1, 1924
    ...terminus a quo is not absolute, but that it may be included when necessary to give effect to the obvious intention." In State ex rel. v. Gasconade Co. Ct., 33 Mo. 102, it held: In the computation of time it is laid down generally, that where the computation is to be made from an act done, t......
  • Old Bank of Stoutsville v. Curtiss
    • United States
    • Missouri Court of Appeals
    • April 1, 1924
    ...terminus a quo is not absolute, but that it may be included, when necessary to give effect to the obvious intention." In State ex rel. v. Gasconade Co. CA., 33 Mo. 102, it is held: In the computation of time it is laid down, generally, that whore the computation is to be made from an act do......
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