Atkeson v. Lay
Supreme Court of Missouri
Appeal from Cass Circuit Court. — Hon. C. W. Sloan, Judge. (1) A political party may nominate candidates in either of the three ways, viz.: by convention, by primary election or by electors. Eevised Statutes, 1889, sec. 4757; acts 1891, p. 134; acts 1892, sec. 27, p. 10. (2) The only official knowledge the county clerk has of the nominee is by the certificate of the secretary of state, and he can do no more than print the tickets as certified to him.
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Appeal from Cass Circuit Court. — Hon. C. W. Sloan, Judge. (1) A political party may nominate candidates in either of the three ways, viz.: by convention, by primary election or by electors. Eevised Statutes, 1889, sec. 4757; acts 1891, p. 134; acts 1892, sec. 27, p. 10. (2) The only official knowledge the county clerk has of the nominee is by the certificate of the secretary of state, and he can do no more than print the tickets as certified to him. Eevised Statutes, sec. 4767-8; State exrel. v. Lesueur, 103 Mo. 253; Boioers v. Smith, 111 Mo. 45; People v. District Court, Sup. Ct. Col., Oct.…
1Opinion of the CourtBrace, J.
This is a proceeding under the statute,, commenced by the appellant before Hon. C. "W. Sloan, Judge of the seventeenth judicial circuit, contesting the election of respondent to the office of judge of the twenty-ninth (an adjoining) judicial circuit, at the November election, 1892.
The following are the material allegations of the petition: “That at said election this contestant was a. candidate and to be voted for said office of judge of the circuit court of the twenty-ninth judicial circuit, and the said James H. Lay, eontestee herein, was also at said election a candidate for said same…
2Cited by22 opinions
- State Ex Rel. Wahl v. SpeerSupreme Court of Missouri · 1920
- Byrd v. State Ex Rel. ColquettSupreme Court of Alabama · 1924
- State v. GartrellMissouri Court of Appeals · 1903
- Attorney General ex rel. Reynolds v. MayMichigan Supreme Court · 1894
- Nance v. KearbeySupreme Court of Missouri · 1913
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