State ex rel. Metcalf v. Garesche
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. Under the issues presented, we submit: 1st. That if there had been an alteration of the return after it came to the clerk’s office, yet the appellants in the discharge of their duty, could not hear evidence as to any alteration; and if the paper appeared to be a return, and the figures 292 were plainly and legibly written on the face of the poll-book, as the vote of Frost at the precinct, appellants had no discretion but to count the…
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Appeal from St. Louis Court of Appeals. Under the issues presented, we submit: 1st. That if there had been an alteration of the return after it came to the clerk’s office, yet the appellants in the discharge of their duty, could not hear evidence as to any alteration; and if the paper appeared to be a return, and the figures 292 were plainly and legibly written on the face of the poll-book, as the vote of Frost at the precinct, appellants had no discretion but to count the return as it appeared on the poll-book, and having done this, their duty, the court cannot compel • them by mandamus to…
1Opinion of the CourtHough, J.
This was an application at the relation of Lyne S. Metcalf for a mandamus to compel the defendants? Einney and Schultz, Justices of the County Court of St. Louis county, and the defendant, Garesche, clerk of said court, as canvassers of the returns of the election held on the 7th day of November, 1876, to count the returns of precinct No. 57 in St. Louis county, as two hundred and seventy-two votes for R. Graham Frost and three hundred and eighteen votes for the relator for Representative in Congress for the third district of Missouri. The chief averments of the alternative writ, omitting the…
2Cases cited1 opinion
- State ex rel. Adamson v. Lafayette County CourtSupreme Court of Missouri · 1867
3Cited by24 opinions
- State ex rel. Harris v. LaughlinSupreme Court of Missouri · 1882
- State Ex Rel. Donnell v. OsbornSupreme Court of Missouri · 1941
- State Ex Rel. Hand v. BilyeuMissouri Court of Appeals · 1961
- State ex rel. Hilleman v. FortSupreme Court of Missouri · 1904
- State v. SearcyMissouri Court of Appeals · 1891
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