¶1Satisfied, under the reasoning in the case of State ex rel. Holmes v. Dillon, 90 Mo. 229, that Spencer, one of the defendants herein, though a sheriff, is not a state officer, and as this is the only ground for entertaining jurisdiction of this cause, an order will be entered transferring the same to the Kansas City court of appeals. Since writing the above I have met with section 18, of article 9, of the constitution, which I regard as conclusive on the point discussed. That section provides, "In cities or counties having more than two hundred thousand inhabitants no person shall, at the same time, be a state officer and an officer of any county, city, or other municipality,” etc. If there is any reliability in plain words, this language must set the point discussed at rest, and “ make assurance doubly sure.”
91 Mo. 206
State ex rel. Bender v. Spencer
Decided October 15, 1886
Supreme Court of Missouri · decided 1886-10-15
<p>Constitution: STATE OFFICER: JURISDICTION of supreme court. A sheriff is not a state officer within the meaning of the constitution conferring on the Supreme Court jurisdiction of appeals and writs of error in cases where a state officer is a party (Affirming State ex rel. Holmes v. Dillon, 90 Mo. 229).</p>
Relies on State ex rel. Holmes v. Dillon
Good law ✅— No negative treatment on recordhow we know
Transferred to Kansas City Court of Appeals · Decided 1886-10-15
How this case has been cited
Cited by 16 later decisions — most recently November 1940
16 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
View the full empirical analysis of this case →