Ex parte Skaggs
Supreme Court of Missouri
Appeal from Clay Circuit Court. Application for a mandamus to the clerk of the county court requiring him to issue to the petitioner a certificate of his election as sheriff of Clay county.
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Appeal from Clay Circuit Court. Application for a mandamus to the clerk of the county court requiring him to issue to the petitioner a certificate of his election as sheriff of Clay county. The petition stated that an election of sheriff was held in August, 1852, at which the petitioner, and Samuel Hadley, who was constitutionally ineligible, were.the only candidates ; that the number of votes polled was 1217, of which 778 were illegally cast for said Hadley, and 439 were legally cast for the petitioner. The Circuit Court refused to issue a mandamus, and gave judgment for costs, and the…
1Opinion of the CourtGamble, Judge
Skaggs applied to the Circuit Court of Clay county, for a mandamus to the clerk of the county court, requiring him to issue to Skaggs a certificate of his election as sheriff of that county. The Circuit Court refused to issue the mandamus, and Skaggs appeared before the clerk of the Circuit Court, and prayed an appeal to this court.
1. When a mandamus issues and is returned, the person obtaining the writ may require the judgment of the court upon the sufficiency of the return, or he may, under our statute, traverse the return, and thus produce an issue of fact. When the Circuit Court…
2Cases cited1 opinion
- Franciscus v. MartinSupreme Court of Missouri · 1845
3Cited by6 opinions
- State ex rel. Laclede Bank v. LewisSupreme Court of Missouri · 1882
- State Ex Rel. Brandon v. HickeyMissouri Court of Appeals · 1970
- State ex rel. Albers v. HornerMissouri Court of Appeals · 1881
- Baker v. St. Francis Levee DistrictMissouri Court of Appeals · 1980
- Penner v. WhitesellMissouri Court of Appeals · 1976
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