Vail v. Dinning
Supreme Court of Missouri
I. The questions arising in this case concerning the regularity and legality of the election are questions of a political nature, and their determination is an exercise of political power. (State ex rel. Bartley v. Governor Eletclier, 39 Mo. 388 ; State ex rel. Jackson v. Howard County Court, 41 Mo. 24.) Hence, the case of Foster v. State, 41 Mo. 61, has no application here. H. The contestee’s construction leaves the contestant no remedy.
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I. The questions arising in this case concerning the regularity and legality of the election are questions of a political nature, and their determination is an exercise of political power. (State ex rel. Bartley v. Governor Eletclier, 39 Mo. 388 ; State ex rel. Jackson v. Howard County Court, 41 Mo. 24.) Hence, the case of Foster v. State, 41 Mo. 61, has no application here. H. The contestee’s construction leaves the contestant no remedy. “ Ubi jus, ibi remedium.'>'> (Broom’s Legal Max. 146 et seq.) TTT- This court has power to issue other writs besides those named in the constitution.…
1Opinion of the CourtWagner, Judge
At the general election in November last, Yail and Dinning were candidates for the office of circuit judge in the fifteenth judicial circuit; and Dinning having received a majority of the votes cast, Yail proceeded to contest the election by giving notice within the time and in the manner prescribed by the statute. A motion is now made on behalf of Dinning to dismiss the case from the docket, because: first, this court has no jurisdiction of the subject matter of this proceeding; second, if there is jurisdiction of the subject matter, there is no sufficient petition in the case to give the…
2Cases cited4 opinions
- Attorney-General v. BlossomWisconsin Supreme Court · 1853
- Crull v. KeenerIllinois Supreme Court · 1855
- Lane v. CharlessSupreme Court of Missouri · 1838
- Foster v. StateSupreme Court of Missouri · 1867
3Cited by19 opinions
- State ex rel. Moore v. ArchibaldNorth Dakota Supreme Court · 1896
- Wheeler v. Northern Colorado Irrigation Co.Supreme Court of Colorado · 1886
- People ex rel. Attorney General v. ToolSupreme Court of Colorado · 1905
- State v. JohnsonUtah Supreme Court · 1941
- State ex rel. Cave v. TincherSupreme Court of Missouri · 1914
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