Kasten v. Guth

DONNELLY, Judge.

This is an election contest wherein Oscar P. Kasten, contestant-respondent, contests the election of Ora N. Guth, contestee-appellant, as Superintendent of Schools of Perry County, Missouri.

The election was held April 2, 1963. The name of Ora N. Guth appeared on the printed ballot. Oscar P. Kasten was a write-in candidate.

We have jurisdiction because the case involves title to an “office under this state.” Art. V, § 3, Const. of Missouri 1945, V.A.M.S.; Kasten v. Guth, Mo.Sup., 375 S.W.2d 110.

Kasten filed a notice of election contest in the Circuit Court of Perry County,…