State ex rel. Bland v. Rodman
Supreme Court of Missouri
Petition for Mandamus. I. The only issue made by the pleadings in this case is, Did tbe secretary of State, in tbe presence of tbe governor, open tbe returns and cast up the votes given for all tbe candidates for tbe office of judge of tbe eighteenth judicial circuit, and certify to tbe governor tbe name of tbe candidate receiving tbe highest number of votes for said office of judge of tbe said eighteenth judicial circuit at said general election ? ” II.
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Petition for Mandamus. I. The only issue made by the pleadings in this case is, Did tbe secretary of State, in tbe presence of tbe governor, open tbe returns and cast up the votes given for all tbe candidates for tbe office of judge of tbe eighteenth judicial circuit, and certify to tbe governor tbe name of tbe candidate receiving tbe highest number of votes for said office of judge of tbe said eighteenth judicial circuit at said general election ? ” II. Tbe abstract of tbe returns of tbe votes in tbe eighteenth judicial circuit, cast up by tbe respondent as certified by him, and bis oral…
1Opinion of the CourtWagner, Judge
The relator sets forth in his petition, in substance, that, being legally qualified, he was a candidate at the last general election for the office of circuit judge in the eighteenth judicial circuit, and as such received the highest number of qualified votes cast in said circuit for that office ; that the respondent, as secretary of State, refused, and still refuses, to count up the votes given for him, as prescribed by law, and that he is remediless; and therefore prays this court to issue a peremptory writ of mandamus to compel that officer to act.
The respondent, in his answer, denies that…
2Cases cited1 opinion
- St. Louis County Court v. SparksSupreme Court of Missouri · 1846
3Cited by15 opinions
- State ex rel. Tolerton v. GordonSupreme Court of Missouri · 1911
- State ex rel. Attorney-General v. SteersSupreme Court of Missouri · 1869
- State Ex Rel. Gallagher v. Kansas CitySupreme Court of Missouri · 1928
- State Ex Rel. Hand v. BilyeuMissouri Court of Appeals · 1961
- State ex rel. Beach v. SuttonMissouri Court of Appeals · 1877
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