State ex rel. Clark v. Smith
Supreme Court of Missouri
Mandamus. (1) The duties of the county clerk are ministerial and not judicial. He has no duty, except to certify the number of votes cast for each candidate for each office, as the result of a sum in simple addition, with no' power to pass upon the legality of returns, or to judge of their sufficiency.
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Mandamus. (1) The duties of the county clerk are ministerial and not judicial. He has no duty, except to certify the number of votes cast for each candidate for each office, as the result of a sum in simple addition, with no' power to pass upon the legality of returns, or to judge of their sufficiency. McCrary, Election Laws, sec. 84; State v. Cavers, 22 Iowa, 343; Attorney General v. Bar stow, 4 Wis. 749; Bull v. Southwiclc, 2 N. M. 321; Mayo v. Freeland, 10 Mo. 629 ; State ex rel. v. Harrison, 38 Mo. 540; O’Ferrell v. Colby, 2 Minn. 184; Brown v. O’Bryan, 2 Carter (Ind.) 423; State ex rel.…
1Opinion of the CourtMacea elane, J.
— The return of respondent to the alternative writ, after special denials of the statements thereof in regard to the result of the election for which relator was a candidate, his refusal to certify the result of the election, and that he falsified the same; and, after giving a detailed statement of the manner in which he had performed his duties as clerk, in canvassing the vote, made the following special plea in bar to the writ:
“On the twenty-fifth day of November, 1890, the relator, R. F. Clark, gave and delivered to the said John F. Sturgis notice of contest of his said election to said…
2Cases cited5 opinions
- Gumm v. HubbardSupreme Court of Missouri · 1888
- State ex rel. Wolff v. Board of SupervisorsWisconsin Supreme Court · 1871
- Shields v. McGregorSupreme Court of Missouri · 1887
- Byrne v. HarbisonSupreme Court of Missouri · 1822
- Brazee v. President of the Lancaster BankOhio Supreme Court · 1846
3Cited by14 opinions
- State ex rel. Wells v. HoughSupreme Court of Missouri · 1906
- State Ex Rel. Sharp v. KnightMissouri Court of Appeals · 1930
- State Ex Rel. Wagner v. FieldsMissouri Court of Appeals · 1924
- State ex rel. Rainwater v. RossSupreme Court of Missouri · 1912
- State ex rel. Brown v. KleinSupreme Court of Missouri · 1893
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