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STATE v. MOUSER

No. 44898.

284 S.W.2d 473 (1955)

STATE of Missouri ex Inf. John M. DALTON, Attorney General, Relator, v. Elvis MOUSER, Respondent.

Supreme Court of Missouri. En Banc.

December 12, 1955.

Attorney(s) appearing for the Case

John M. Dalton, Atty. Gen., Robert R. Welborn, Asst. Atty. Gen., Jefferson City, J. Richard Roberts, Special Asst. Atty. Gen., for relator.

Richard M. Webster, Carthage, for respondent.

HOLLINGSWORTH, Judge.

This is an original proceeding in the nature of quo warranto brought by the Attorney General to oust respondent Elvis Mouser from exercising the powers, functions and duties of the office of Clerk of the Circuit Court and Ex Officio Recorder of Bollinger County, which it is alleged respondent has usurped and now unlawfully exercises. The facts are not in dispute.

Bollinger County is a county of the fourth class. By virtue of § 59...

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