Home/Supreme Court of Missouri/State ex rel. Walker v. Rebenack

State ex rel. Walker v. Rebenack

36 S.W. 893, 135 Mo. 340
CourtSupreme Court of Missouri
DecidedJuly 15, 1896
StatusPublished
Cited by1 cases

This text of 36 S.W. 893 (State ex rel. Walker v. Rebenack) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Walker v. Rebenack, 36 S.W. 893, 135 Mo. 340 (Mo. 1896).

Opinion

Gantt, J.

This is a proceeding by quo warranto, by the attorney general in his official character, to oust the respondent from the office of school director in the board of president and directors of the St. Louis public schools, into which it is alleged he has intruded himself without authority of law.

The respondent, in his return, claims title to said office by virtue of an election held on the third day of March, 1896, in the third school district of the city of St. Louis, under and by virtue of the orders of said board of president and directors of St. Louis public schools, at which said election he received the highest number of votes cast for director in said district. He further avers that at the time he was elected he was possessed of and now possesses all the qualifications required under and by virtue of the laws governing said school board to constitute him eligible to said office of director therein, that is to say, among other qualifications, respondent was at said time a free (white) male citizen over the age of twenty-one years and had for more than two consecutive years previously resided in said third district in the city of St. Louis; was a citizen of the United States, had paid a city tax, and “had paid a school tax therein for two consecutive years immediately preceding his election as such director,” and was under no disability imposed by law. Denied that he had usurped said office.

The attorney general replied to this return and [342]*342traversed all the material averments thereof; and specifically “denied that respondent had for two consecutive years immediately preceding his election paid a school tax in the city of St. Louis.” On the hearing in this court, respondent offered in- evidence the official returns of the election held for director in the third school district, March 3, 1896, from which it appears that respondent received at said election eight hundred and sixty-three votes; Dr. Felix Spinzig, four hundred and sixteen, and Ueorge Blumenberg, one hundred and three, giving respondent a clear majority over both of his opponents of three hundred and forty-four votes.

Respondent then offered the following documents to prove that he had paid school taxes in said city of St. Louis for two consecutive years immediately preceding his election as such director:

[343]*3431 ‘MEECHANTS’ STATE LICENSE.
“STATE OP MISSOURI.

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Related

State ex inf. Sutton v. Fasse
88 S.W. 1 (Supreme Court of Missouri, 1905)

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Bluebook (online)
36 S.W. 893, 135 Mo. 340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-walker-v-rebenack-mo-1896.