Donnell v. Lee
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Hon. Jas. T. Neville, Judge. STATEMENT OF THE CASE. The city of Springfield is a city of the third class and is divided into eight wards. On the first day of April, 1902, a city election was held in said city for the election of city officers. There were three tickets in the field, a Democratic, a Republican and a Socialist ticket.
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Appeal from Greene Circuit Court. — Hon. Jas. T. Neville, Judge. STATEMENT OF THE CASE. The city of Springfield is a city of the third class and is divided into eight wards. On the first day of April, 1902, a city election was held in said city for the election of city officers. There were three tickets in the field, a Democratic, a Republican and a Socialist ticket. James A. Donnell was the Democratic nominee for the office of city collector, Arthur R. Lee was the nominee of the Republican party, and F. M. Johnson of the Socialist party for the same office. In each of the eight wards there…
1Opinion of the CourtBland, P. J.
1. It is not in the province of an appellate court to determine disputes in doubtful questions of fact in contested election cases. Turner v. Drake, 71 Mo. 285; Gunn v. Hubbard, 97 Mo. 311. But it will, as in a law case, adopt the findings of the trier or triers of the issues of fact when there is any substantial evidence in support. There is substantial evidence in the record to support each and every special *211finding of fact made by tbe learned circuit judge, and these findings will not be disturbed by us.
2. There are two questions of law presented by the record that are discussed in the…
2Cases cited11 opinions
- Gumm v. HubbardSupreme Court of Missouri · 1888
- Lindell Real Estate Co. v. LindellSupreme Court of Missouri · 1897
- St. Joseph & Iowa Railroad v. ShambaughSupreme Court of Missouri · 1891
- State ex rel. Funkhouser v. SpencerSupreme Court of Missouri · 1901
- State ex rel. Rutledge v. St. Louis School BoardSupreme Court of Missouri · 1895
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3Cited by1 opinion
- Timmonds v. KennishSupreme Court of Missouri · 1912