State ex rel. Von Stade v. Taylor
Supreme Court of Missouri
Prohibition. (1) If the general primary conducted on August 4, 1908, under the Primary Act of 1907, was an election within the meaning of the Constitution, then certainly the constitutional prohibition against the opening of the ballot boxes and the disclosure of their contents effectually bars the respondent from enforcing his subpoena duces tecum and the commissioners from obeying it.
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Prohibition. (1) If the general primary conducted on August 4, 1908, under the Primary Act of 1907, was an election within the meaning of the Constitution, then certainly the constitutional prohibition against the opening of the ballot boxes and the disclosure of their contents effectually bars the respondent from enforcing his subpoena duces tecum and the commissioners from obeying it. Ex parte Arnold, 128 Mo. 256; State ex rel. v. Spencer, 164 Mo. 23. (2) The Act of 1907 intends and undertakes to place the primary provided for it upon the same plane and footing as an election for officers…
1Opinion of the CourtGantt, J.
On the 22d day of August, 1908, Victor H. Falkenhainer, assistant prosecuting attorney of the St. Louis Court of Criminal Correction, filed with the clerk of the St. Louis Court of Criminal Correction, an information signed and verified by himself, wherein he charged that the relator and others were on the 4th day of August, 1908, the duly appointed and qualified judges, at the second election precinct of the third ward, at number 1622 North Broadway, in the city of St. Louis, of the general primary election had and held on that day pursuant to the laws of this State for the choice and…
2Cases cited14 opinions
- People ex rel. Williams v. CicottMichigan Supreme Court · 1868
- Mayor of Valverde v. ShattuckSupreme Court of Colorado · 1893
- Ex parte ArnoldSupreme Court of Missouri · 1895
- Ex parte BrownCalifornia Supreme Court · 1892
- Dooley v. JacksonMissouri Court of Appeals · 1904
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3Cited by15 opinions
- State Ex Rel. Miller v. O'MalleySupreme Court of Missouri · 1938
- Martin v. SchulteIndiana Supreme Court · 1932
- State ex rel. Rainwater v. RossSupreme Court of Missouri · 1912
- Haas v. City of NeoshoMissouri Court of Appeals · 1909
- State v. PeytonSupreme Court of Missouri · 1911
10 more not listed; retrieve them via the Exa API.