Bowers v. Smith
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hon. Bichard Field, Judge. The official ballot mentioned in the opinion (omitting immaterial parts) is as follows, viz.: (The blanks in the ballot, indicated above by-asterisks, were filled in the original with the names of the several party nominees for the various state, county and township offices.) The other material facts appear in the opinion.
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Appeal from Pettis Circuit Court. — Hon. Bichard Field, Judge. The official ballot mentioned in the opinion (omitting immaterial parts) is as follows, viz.: (The blanks in the ballot, indicated above by-asterisks, were filled in the original with the names of the several party nominees for the various state, county and township offices.) The other material facts appear in the opinion. (1) The violation of a statutory provision for the conduct of elections, which is mandatory in its nature, will avoid the election to the extent of the violation, without regard to the motive of the' persons…
1Opinion of the CourtBarclay, J.
This appeal was first heard in division 1, and a conclusion announced, November 9, 1891, as reported in 17 S. W. Rep. 761.
After a motion for- rehearing was denied, plaintiff moved to transfer the cause to the court in banc. The motion was ultimately sustained, upon the entry of a dissent by one of the judges to the decision of the first division.
The case was then fully reargued before the whole court.
It is a statutory contest to determine the respective rights of the parties to the office of sheriff of Pettis county.
The election in question took place November 4, 1890. Mr. Bowers is the…
2Cases cited12 opinions
- Davis v. State ex rel. WrenCourt of Appeals of Texas · 1889
- State v. HopeSupreme Court of Missouri · 1889
- People Ex Rel. Nichols v. Board of County CanvassersNew York Court of Appeals · 1891
- Owens v. State ex rel. JennettTexas Supreme Court · 1885
- Gumm v. HubbardSupreme Court of Missouri · 1888
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3Cited by110 opinions
- Eckerson v. City of Des MoinesSupreme Court of Iowa · 1908
- Jones v. StateIndiana Supreme Court · 1899
- Tebbe v. SmithCalifornia Supreme Court · 1895
- State Ex Rel. Chilcutt v. ThatchSupreme Court of Missouri · 1949
- Stackpole v. HallahanMontana Supreme Court · 1895
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