West v. Ross
Supreme Court of Missouri
Appeal from Gentry Circuit Court. I. The negative and prohibiting words render the statute, requiring the numbering of ballots, imperative. (Pot.
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Appeal from Gentry Circuit Court. I. The negative and prohibiting words render the statute, requiring the numbering of ballots, imperative. (Pot. Dw., Stat. and Const., 221-2, 228 ; Cato vs. Hutson, 7 JVIo., 142; Pearse vs. Morrice, 2 A. & E., 94; Morrill vs. Haines, 2 N; H., 249; Comm. vs. Woelper, 3 S. & B., 29; People vs. Mc-Manus, 34 Barb., 620; People vs. Balduff, 15 111., 500.) I. As to directory and mandatory provisions in statutes, see the following cases : Doughty vs. Hope, 3 Denio, 249 ; Elmendorf vs. Mayor of N. Y., 25 Wend, 696; Ex parte Heath, 3 Hill, 43; Jackson vs. Young, 5…
1Opinion of the CourtVories, Judge
This was a proceeding on the part of the appellant against the respondent to contest the election of .the respondent to the office of Clerk of the Circuit Court of Gentry county
No question is made in this court as to the sufficiency of the notice filed or the regularity of the proceedings thereunder.
The ground relied on in the notice for the contest of the election of respondent, and for setting the same aside is, that all of the ballots or votes cast, or voted, at said election at the voting precinct of the town of Gentryville, in Miller township in said County of Gentry, were unlawfully…
2Cases cited2 opinions
- In re the election of Directors of the Mohawk & Hudson RailroadNew York Supreme Court · 1838
- State ex rel. Breckenridge v. CookSupreme Court of Missouri · 1867
3Cited by26 opinions
- Parvin v. WimbergIndiana Supreme Court · 1892
- Ritchie v. RichardsUtah Supreme Court · 1896
- People Ex Rel. Nichols v. Board of County CanvassersNew York Court of Appeals · 1891
- Melody FRYE, Respondent, v. Ronald J. LEVY, Director, State of Missouri, Department of Social Services, Children’s Division, AppellantSupreme Court of Missouri · 2014
- Lankford v. GebhartSupreme Court of Missouri · 1885
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