State ex rel. Ensworth v. Albin
Supreme Court of Missouri
Petition for mandamus. Relator’s petition alleged, in substance, that on the 3d day of August, 1869, an election was held in the county of Buchanan by the qualified voters of the county, at which relator was elected judge of the Court of Common Pleas of that county, and thereby became entitled to that office; that, after the said 3d day of August, 1869, the judges of the several election districts returned to the clerk of the County Court the poll-books; and the clerk and…
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Petition for mandamus. Relator’s petition alleged, in substance, that on the 3d day of August, 1869, an election was held in the county of Buchanan by the qualified voters of the county, at which relator was elected judge of the Court of Common Pleas of that county, and thereby became entitled to that office; that, after the said 3d day of August, 1869, the judges of the several election districts returned to the clerk of the County Court the poll-books; and the clerk and two justices of the peace, within eight days after the election, duly examined and cast up the votes given to each…
1Opinion of the CourtWagner, Judge
The objection that this court is precluded from issuing a mandamus in this case, because the County Court has the right to decide who is elected judge of the Buchanan Court of Common Pleas, is not tenable. The act establishing the Court of Common Pleas provides that ‘‘when two or more persons shall receive an equal number of votes for said office, and more than any other person, the County Court'of said county shall decide which one of them shall hold the same ; and whenever there shall be a contested election, the said county shall decide the same.” The act further provides that “when said…
2Cases cited1 opinion
- State ex rel. Bartley v. FletcherSupreme Court of Missouri · 1867
3Cited by14 opinions
- People Ex Rel. Sherwood v. State Board of CanvassersNew York Court of Appeals · 1891
- State ex rel. Davis v. WillisNorth Dakota Supreme Court · 1910
- State ex rel. Smith v. BurbridgeSupreme Court of Florida · 1888
- State ex rel. Thomas v. WilliamsSupreme Court of Missouri · 1889
- State ex rel. Snyder v. NewmanSupreme Court of Missouri · 1886
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