Lankford v. Gebhart
Supreme Court of Missouri
Appeal from Daviess Circuit Court. — Hon. E. J. Broaddus, Judge. (1) Under the statutes, a ballot is fraudulent, without regard to intent, when it has on the face or back thereof any writing or printing not expressly authorized, hence all ballots having the names of the voters written on the back thereof are fraudulent, and should not have been counted.
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Appeal from Daviess Circuit Court. — Hon. E. J. Broaddus, Judge. (1) Under the statutes, a ballot is fraudulent, without regard to intent, when it has on the face or back thereof any writing or printing not expressly authorized, hence all ballots having the names of the voters written on the back thereof are fraudulent, and should not have been counted. R. S. 1889, secs. 4671, 4677,-and secs. 4773 and 4780, as amended by Session Acts, 1891, pages 134 and 135. West v. Ross, 53 Mo. 351; Ledbetter v. Hall, 62 Mo. 422; Gummv. Hubbard, 97 Mo. 311; Boicers v. Smith, 111 Mo. 45 — dissenting opinion…
1Opinion of the CourtMacfarlane, J.
This is an election contest over the office of sheriff of Daviess county. On a proper order the ballots were opened, examined, and recounted by the clerk. Upon a hearing in the circuit court it was found and adjudged that contestant and contestee each received at said election 1822 votes. Both parties appealed. For convenience the two appeals will be considered together.
I. Contestant objected to the legality of nine votes counted for contestee, for the reason that each of the ballots had written on the back thereof the name of the voter who cast the same. It did not appear by whom the names,…
2Cases cited11 opinions
- Bowers v. SmithSupreme Court of Missouri · 1892
- Gumm v. HubbardSupreme Court of Missouri · 1888
- West v. RossSupreme Court of Missouri · 1873
- Ledbetter v. HallSupreme Court of Missouri · 1876
- Atkeson v. LaySupreme Court of Missouri · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Kirkpatrick v. DeegansWest Virginia Supreme Court · 1903
- In re Assessment of Collateral Inheritance Tax in Estate of LankfordSupreme Court of Missouri · 1917
- Towson v. TowsonSupreme Court of Virginia · 1920
- Hope v. FlentgeSupreme Court of Missouri · 1897
- Hale v. StimsonSupreme Court of Missouri · 1906
21 more not listed; retrieve them via the Exa API.