Bowen v. Hixon
Supreme Court of Missouri
Error to First District Court. I. A notice to contest the office of county clerk must be made within twenty days after the official count of the votes cast for such office has been made. (Gen. Stat. 1855, ch. 2, § 52 ; Cas-tello v. St. Louis Circuit Court, 28 Mo. 259 ; Wilson v. Lucas, 43-Mo. 290.) II.
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Error to First District Court. I. A notice to contest the office of county clerk must be made within twenty days after the official count of the votes cast for such office has been made. (Gen. Stat. 1855, ch. 2, § 52 ; Cas-tello v. St. Louis Circuit Court, 28 Mo. 259 ; Wilson v. Lucas, 43-Mo. 290.) II. The first count made within eight days after the election was the official count, and after that count was made the board of canvassers was functus officio, and the second count was utterly void. (Gen. Stat. 1855, ch. 2, § 5 ; Ingersomv. Berry, 14 Ohio St. 321; People ex ret. Bailey v. The…
1Opinion of the CourtBliss, Judge
At the general election of 1866, plaintiff and defendant were candidates for the office of county clerk. The record shows that within eight days after the election the county clerk, taking to his assistance two justices of the County Court, proceeded to examine and cast up the votes given for the candidates, and gave *342a certificate of election to the plaintiff, Bowen. Within twenty days from this official count, Hixon gave him notice that he would contest his election ; and it appears that on the 24th of December, after the twenty days had expired, and before the session of the County Court…
2Cases cited4 opinions
- People ex rel. Bailey v. Supervisors of GreeneNew York Supreme Court · 1851
- Castello v. St. Louis Circuit CourtSupreme Court of Missouri · 1859
- Wilson v. LucasSupreme Court of Missouri · 1869
- State ex rel. Attorney-General v. HixonSupreme Court of Missouri · 1867
3Cited by22 opinions
- Wheat v. SmithSupreme Court of Arkansas · 1887
- State ex rel. Ellis v. ElkinSupreme Court of Missouri · 1895
- Rosenthal v. State Board of CanvassersSupreme Court of Kansas · 1893
- State Ex Rel. Olson v. ThompsonNorth Dakota Supreme Court · 1976
- Gillespie v. DionMontana Supreme Court · 1896
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