Adcock v. Lecompt
Supreme Court of Missouri
Appeal from Barry Circuit Court. — IIon. W. E. Geiger, Judge. The notice was not void, because it notified the respondent that the contest would be heard at a court to be bolden at a time when no court was or could be held. Tire respondent was in nowise misled by tbe notice. He was present on tbe first Monday in February, and bis motion to dismiss was also in tbe nature of a demurrer, and, in ordinary suits, would bind him as an appearance.
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Appeal from Barry Circuit Court. — IIon. W. E. Geiger, Judge. The notice was not void, because it notified the respondent that the contest would be heard at a court to be bolden at a time when no court was or could be held. Tire respondent was in nowise misled by tbe notice. He was present on tbe first Monday in February, and bis motion to dismiss was also in tbe nature of a demurrer, and, in ordinary suits, would bind him as an appearance. Respondent was notified that tbe contest would be bad at tbe next term of tbe county court; and this was by law required to be' holden on tbe first Monday…
1Opinion of the CourtNapton, J.
— The only question in this case is as to the sufficiency of a notice in a contested election for the office of collector. The notice was as follows : “You will take notice that at the next term of the county court, within and for the county of Barry, and State of Missouri, to be begun and holden in the town of Cassville, in said county, on the first Monday in January, 1877, I will contest your election to the office of collector of the revenue, etc.” The notice proceeded to enumerate nineteen specific reasons in support of the allegation that the party notified was not elected. The next term…
2Cited by9 opinions
- Rhodes v. BellSupreme Court of Missouri · 1910
- Montgomery v. DormerSupreme Court of Missouri · 1904
- Davenport v. TeetersMissouri Court of Appeals · 1954
- Ramsey v. HuckSupreme Court of Missouri · 1916
- State ex rel. Brady v. EvansSupreme Court of Missouri · 1904
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