State v. Spencer

• Decision Date: 18 June 1901
• Citation: 63 S.W. 1133,164 Mo. 55
• Parties: STATE ex rel. HANCOCK v. SPENCER et al.
• Court: Missouri Supreme Court

63 S.W. 1133

164 Mo. 55

STATE ex rel. HANCOCK v. SPENCER et al.

Supreme Court of Missouri.

June 18, 1901.

In banc.

Proceeding in prohibition by the state, on relation of W. Scott Hancock, against Selden P. Spencer, as judge of the circuit court of the city of St. Louis, and others. Preliminary rule prohibiting the respondents from carrying out an order of the circuit court made absolute.

John H. Overall and Chas. W. Bates, for plaintiff.

W. E. Fisse, G. A. Finkelnburg, and Clinton Powell, for defendants.

MARSHALL, J.

This case is in all particulars like the case of State v. Spencer, 63 S. W. 1118, except that it relates to a contest for the office of assistant circuit attorney. For the reasons given in that case, the preliminary rule herein is made absolute. All concur, except ROBINSON, J., who dissents.