The State Ex Informatione Attorney-General v. Page

• Decision Date: 06 July 1897
• Citation: 41 S.W. 963,140 Mo. 501
• Parties: The State ex informatione Attorney-General v. Page
• Court: Missouri Supreme Court

41 S.W. 963

140 Mo. 501

The State ex informatione Attorney-General v. Page

Supreme Court of Missouri, Second Division

July 6, 1897

Judgment of ouster entered.

Edward C. Crow, Attorney-General, W. W. Graves, Silas W. Dooley and J. S. Francisco for relator.

W. O. Jackson for respondent.

OPINION

Quo Warranto.

Sherwood, J.

-- The information filed ex officio by the Attorney-General inquires quo warranto the respondent holds the office of city marshal of the city of Rich Hill, a city of the fourth class, he having failed to pay his taxes until after the date on which he claims to have been elected.

The demurrer of respondent to the information confesses this allegation of the information to be true.

This cause has been submitted on demurrer. Following the ruling announced in State ex rel. v. Williams, 99 Mo. 291, 12 S.W. 905, and State ex inf. v. Berkeley, 140 Mo. 184, 41 S.W. 732, we hold the information sufficient and award judgment of ouster. All concur.