65 Mo. 306 | Mo. | 1877
This was a proceeding by information in the nature of a quo warranto in which judgment of ouster
It is admitted in the record that ~W. C. Kelley, during the time of his candidacy, and on the day of the general election in 1874, did not live in Texas county, and that at least twelve of the qualified voters of Texas county who voted for said Kelley, knew he was not a resident of said county; but it does not appear that they knew that his non-residence rendered him ineligible. It will be unnecessary to express any opinion as to the effect of this admission, as the case can very properly be determined upon other grounds. Both parties concur in regarding the result of the regular election in November, 1874, as a failure to elect, and we will so consider it. Conceding then that there was no election of a successor to the relator in November, 1874, by reason of the fact that each of the candi
On the 9th day of March, 1872, an act.was passed abolishing the offices of circuit and county attorneys, except in the county of St. Louis. The second section of said act provided for the election at the general election of 1872, and every two years thereafter, of a prosecuting attorney for every county in the State, except St. Louis county, who should perform all the duties required by law to be performed by the circuit and county attorneys. The 4-th section of said act is as follows: “From and after the first day of January, 1873, whenever the words circuit attorney or county attorney shall appear in any of the statutes of this State, the same shall be taken and understood to mean prosecuting attorney, except in the county of St. Louis.” It was undoubtedly essential to the validity
Affirmed.