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State ex rel. McKittrick v. Wallach

Missouri Supreme Court

182 S.W.2d 313 (Mo. 1944)

Facts

McKittrick (petitioner) brought a quo warranto (by what authority) action challenging Wallach’s (respondent’s) authority as St. Louis County prosecutor and requesting his removal from office. McKittrick claimed that Wallach had failed to initiate prosecutions for violation of Missouri liquor, gambling, and lottery laws, and had dismissed other unspecified cases without any justification.

Rule of Law

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Issue

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Holding and Reasoning (Hyde, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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