Phelps v. Fenix

The appellant Phelps was the Democratic nominee for county collector of Jasper County in 1938, and was defeated by • the respondent Republican nominee Fénix in the general election, according to tbe official returns cast up on November 12, 1938. The vote was 12,551 for Fénix to 12,110 for Phelps," a difference of 441. Phelps instituted an election contest in the circuit court, where, upon a recount by the county clerk under Section 10356, Revised Statutes 1929 (Mo. Stat. Ann., p. 3772), the vote was certified as 12,783 for Fénix to 12,117 for Phelps thus increasing respondent’s majority to…