State ex rel. Funkhouser v. Spencer
Supreme Court of Missouri
Prohibition. The order requires the Board of Election Commissioners to open, count, examine and compare with the list of voters all the votes cast for the office of coroner including the votes of the voters in those precincts where the validity of the votes were not in question, and the commissioners are commanded to compare these votes with the voting list, and thus destroy, at least as to them, the secrecy of the ballot, in violation of the provisions of the Constitution…
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Prohibition. The order requires the Board of Election Commissioners to open, count, examine and compare with the list of voters all the votes cast for the office of coroner including the votes of the voters in those precincts where the validity of the votes were not in question, and the commissioners are commanded to compare these votes with the voting list, and thus destroy, at least as to them, the secrecy of the ballot, in violation of the provisions of the Constitution preserving the secrecy of the ballot. Respondents urge that the point of petitioner as to the secrecy of the ballot being…
1Opinion of the CourtMarshall, J.
This is the second time this controversy has been before this court. The former case is reported in 164 Mo. 23. The law in reference to the examination of ballots cast at any election was settled in that case and the subject is no longer open to review in this State. After that decision the respondent, Spencer, as judge of the circuit court, on July 9, 1901, upon the application of the contestant, Lloyd, made the following order in the contested election case:
*273“Now at this day, the court having heard and fully considered the petition of the eontestor, herein filed for a writ directed to the…
2Cases cited3 opinions
- Hennessy v. Bavarian Brewing Co.Supreme Court of Missouri · 1898
- State ex rel. Funkhouser v. SpencerSupreme Court of Missouri · 1901
- Bealey v. SmithSupreme Court of Missouri · 1900
3Cited by9 opinions
- State ex rel. Kochtitzky v. RileySupreme Court of Missouri · 1907
- Hale v. StimsonSupreme Court of Missouri · 1906
- State ex rel. Wilson v. BurneyMissouri Court of Appeals · 1915
- State ex rel. Brady v. EvansSupreme Court of Missouri · 1904
- Taussig v. St. Louis & Kirkwood RailroadSupreme Court of Missouri · 1905
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