State ex rel. Rainwater v. Ross
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Now. B. G. Thurman, Judge. (1) These provisions of the statute are mandatory. Ballots without numbers were counted in the 5th ward, and the ballots in the 5th ward were not sealed up in a package, but were returned loose on a string in an unfastened box, and should not have been counted. West v. Ross, 53 Mo. 350; Ledbetter v. Hull, 62 Mo. 422; Donald v. Lee, 101 Mo.
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Appeal from Jasper Circuit Court. — Now. B. G. Thurman, Judge. (1) These provisions of the statute are mandatory. Ballots without numbers were counted in the 5th ward, and the ballots in the 5th ward were not sealed up in a package, but were returned loose on a string in an unfastened box, and should not have been counted. West v. Ross, 53 Mo. 350; Ledbetter v. Hull, 62 Mo. 422; Donald v. Lee, 101 Mo. App. 191; McKay v. Minor, 154 Mo. 608. (2) The law governing special elections must be strictly followed. And there must be reasonable notice of time and polling places and where the time and…
1Opinion of the CourtCox, J.
This case is the same as State ex rel. Fahran, 160 Mo. App. 682, against same parties just decided by us and involves the same questions with one additional question. On all questions decided in the Fahrman case, we adhere to the rulings there made. The additional point made in this case is that the provisions of the law relative to the conduct of elections were so flagrantly violated that the election was not held in conformity to the law and should be held void for that reason.
This contention is based upon the following facts: That electioneering was done within 100 feet of the polls. That…
Also in this document: Concurrence.
2Cases cited10 opinions
- People Ex Rel. Judson v. . ThacherNew York Court of Appeals · 1874
- State ex rel. Newell v. PurdyWisconsin Supreme Court · 1874
- Banks v. SergentCourt of Appeals of Kentucky · 1898
- Attorney General ex rel. Seavitt v. McQuadeMichigan Supreme Court · 1892
- State ex rel. Attorney General v. CollierSupreme Court of Missouri · 1880
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3Cited by4 opinions
- Kincannon v. MillsCourt of Appeals of Texas · 1925
- State ex rel. Edwards v. EllisonSupreme Court of Missouri · 1917
- State v. EdwardsMissouri Court of Appeals · 1916
- Miles v. City of MaconMissouri Court of Appeals · 1915