State ex rel. Snyder v. Newman
Supreme Court of Missouri
Mandamus. (1) It is settled without controversy, that mere ■canvassers possess no judicial or discretionary powers, and cannot go behind the returns.' Hudmon v. Slaioghter, 70 Ala. 551; Olay v, McKenzie, 7 Bush [Ky.] 523; Kister v. Qameron, 39 Ind. 488; State v. Steers, 44 Mo. 223 ; Cooley’s Const. Lim. [4 Ed.] 784-5; High on Extra.
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Mandamus. (1) It is settled without controversy, that mere ■canvassers possess no judicial or discretionary powers, and cannot go behind the returns.' Hudmon v. Slaioghter, 70 Ala. 551; Olay v, McKenzie, 7 Bush [Ky.] 523; Kister v. Qameron, 39 Ind. 488; State v. Steers, 44 Mo. 223 ; Cooley’s Const. Lim. [4 Ed.] 784-5; High on Extra. Rem., secs. 56, 160. (2) The doctrine that canvassing boards and return judges and ministerial officers possess no discretionary or judicial power, is settled in nearly or quite all the states. McCrary on Elections, sec. 84; Mayo v. Feeland, 10 Mo. 629; State v.…
1Opinion of the CourtBlack, J.
The relator was a candidate for mayor of Pierce City, at the April election, 1886. The respondents are the aldermen of that city. An ordinance of the city makes it the duty of the aldermen, on a designated day, after each election, to canvass the returns, to determine who has been elected to the various offices, and to direct the clerk to issue certificates of election to *451the persons declared elected. In this case, the aldermen determined that relator had-received the highest number of votes, but declined to direct the clerk to issue a certificate of election, and he now seeks, by the writ of…
2Cases cited1 opinion
- State ex rel. Ensworth v. AlbinSupreme Court of Missouri · 1869
3Cited by16 opinions
- People Ex Rel. Sherwood v. State Board of CanvassersNew York Court of Appeals · 1891
- Mansur v. MorrisSupreme Court of Missouri · 1946
- State ex rel. Hilleman v. FortSupreme Court of Missouri · 1904
- State ex rel. Thomas v. WilliamsSupreme Court of Missouri · 1889
- State ex rel. Bennett v. SameWyoming Supreme Court · 1892
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