State ex rel. Brady v. Evans
Supreme Court of Missouri
Prohibition. (1) Relator contends that the circuit court had no jurisdiction of the subject-matter of the election contest wherein William Buchholz was contestant and Hugh C. Brady contestee. (a) For the reason that said contest was not made returnable to the first term of the circuit court of Jackson county, Missouri, which convened fifteen days after the official count of the votes and service of contestant’s notice on contestee.
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Prohibition. (1) Relator contends that the circuit court had no jurisdiction of the subject-matter of the election contest wherein William Buchholz was contestant and Hugh C. Brady contestee. (a) For the reason that said contest was not made returnable to the first term of the circuit court of Jackson county, Missouri, which convened fifteen days after the official count of the votes and service of contestant’s notice on contestee. Secs. 7029, 7033, R. S. 1899; Montgomery v. Dormer, 181 Mo. 5; Adcock v. Lecompt, 66 Mo. 40. (b) The law invests the court with jurisdiction of the subject-matter…
1Opinion of the CourtValliant, J.
This is an application by the relator for a writ of prohibition to be directed to one of the judges of the circuit court of - J ackson county to prohibit him from proceeding to hear and determine a contested election case pending before him and to prohibit other respondents, who compose the board of election commissioners of Kansas City, from executing an order made by the circuit court in the case.
The petition states that the relator was duly elected to the office of police judge of Kansas City at a general municipal election held in that city on April 5, 1904; that William Buchholz, who is…
2Cases cited5 opinions
- State ex rel. Scott v. SmithSupreme Court of Missouri · 1903
- State ex rel. Funkhouser v. SpencerSupreme Court of Missouri · 1901
- Montgomery v. DormerSupreme Court of Missouri · 1904
- Adcock v. LecomptSupreme Court of Missouri · 1877
- State ex rel. Funkhouser v. SpencerSupreme Court of Missouri · 1901
3Cited by10 opinions
- Doyne v. SaetteleCourt of Appeals for the Eighth Circuit · 1940
- State Ex Rel. Kansas City Public Service Co. v. WaltnerSupreme Court of Missouri · 1943
- State Ex Rel. Ford v. HoganSupreme Court of Missouri · 1930
- Davenport v. TeetersMissouri Court of Appeals · 1954
- Inc. of Little Tarkio Drainage District No. 1 v. RichardsonSupreme Court of Missouri · 1910
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