State ex rel. Wells v. Hough
Supreme Court of Missouri
Preliminary rule quashed. (1) The contestant’s notice was not sufficient to give the court jurisdiction over, the person of the contestee. (2) An election contest is a “case” in court under the Constitution and statutes of Missouri. Secs. 2 and 9, art. 8, Constitution; sec. 7029, R. S. 1899. A “case” is a “suit” or “action” or “cause.” They are synonymous. Ex parte Millegan, 4 Wall. (IT. S.) 112; 5 Am. and Eng. Ency.
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Preliminary rule quashed. (1) The contestant’s notice was not sufficient to give the court jurisdiction over, the person of the contestee. (2) An election contest is a “case” in court under the Constitution and statutes of Missouri. Secs. 2 and 9, art. 8, Constitution; sec. 7029, R. S. 1899. A “case” is a “suit” or “action” or “cause.” They are synonymous. Ex parte Millegan, 4 Wall. (IT. S.) 112; 5 Am. and Eng. Ency. Law (2 Ed.), title “cause;” Magill v. Parsons, 4 Conn. 322; Kendall v. U. S., 12 Peters 624; Susquehanna Co’s. Appeal, 105 Pa. St. 615; Drake v. Gillman, 2 N. Y. 391; Taafe v.…
1Opinion of the CourtGantt, J.
— This is an original proceeding in this court to obtain a writ of prohibition in behalf of the plaintiff Rolla Wells, prohibiting the Honorable Warwick Hough, as judge of the circuit court of the city of St. Louis, and the said circuit court, from entertaining further jurisdiction, and from making other or further orders in the election contest brought by defendant Talty against the plaintiff Wells for the office of mayor for the city of St. Louis, and to prohibit the defendant election commissioners from opening the ballot-boxes under the order of said court made in said election contest,…
2Cases cited13 opinions
- State ex rel. Dawson v. St. Louis Court of AppealsSupreme Court of Missouri · 1889
- State ex rel. Ozark County v. TateSupreme Court of Missouri · 1891
- Castello v. St. Louis Circuit CourtSupreme Court of Missouri · 1859
- Halstead v. RaderWest Virginia Supreme Court · 1886
- State ex rel. Morse v. BurckharttSupreme Court of Missouri · 1885
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Spitcaufsky v. HattenSupreme Court of Missouri · 1944
- State Ex Rel. Wahl v. SpeerSupreme Court of Missouri · 1920
- State Ex Rel. City of Mansfield v. CrainMissouri Court of Appeals · 1957
- Buschling v. AckleySupreme Court of Missouri · 1917
- Armantrout v. BohonSupreme Court of Missouri · 1942
17 more not listed; retrieve them via the Exa API.