State ex rel. Sale v. McElhinney
Supreme Court of Missouri
Prohibition. (1) Under tbe decisions of tbis court in State ex rel. v. Spencer, 164 Mo. 23, and State ex rel. v. Spencer, 166 Mo. 279, it is settled that it was incumbent upon tbe contestant to give tbe notice required by section 7057 of tbe Revised Statutes with respect to tbe contest proceeding, and that tbe failure of tbe contestant to give such notice constitutes a jurisdictional defect warranting tbe issue of tbe writ of prohibition sued for in this action.
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Prohibition. (1) Under tbe decisions of tbis court in State ex rel. v. Spencer, 164 Mo. 23, and State ex rel. v. Spencer, 166 Mo. 279, it is settled that it was incumbent upon tbe contestant to give tbe notice required by section 7057 of tbe Revised Statutes with respect to tbe contest proceeding, and that tbe failure of tbe contestant to give such notice constitutes a jurisdictional defect warranting tbe issue of tbe writ of prohibition sued for in this action. The contestant undertook to give this notice with respect to the filing of the contest, hut the notice which he gave fails to comply…
1Opinion of the CourtGantt, J.
This is an application for an original writ of prohibition to issue out of this court, prohibiting Judge McElhinney from taking further cognizance and jurisdiction of an election contest begun by William Zachritz, Esq., against Judge Moses N. Sale for the office of judge of the circuit of the Eighth Judicial Circuit, which comprises the city of St. Louis. A provisional writ was issued out of this court upon the application, made returnable on the 23d of January, 1906, and duly served upon Judge McElhinney and the members of the Board of Election Commissioners and the secretary of said board,…
2Cases cited4 opinions
- Castello v. St. Louis Circuit CourtSupreme Court of Missouri · 1859
- State ex rel. Folk v. SpencerSupreme Court of Missouri · 1901
- Wilson v. LucasSupreme Court of Missouri · 1869
- Higbee v. EllisonSupreme Court of Missouri · 1887
3Cited by6 opinions
- State Ex Rel. Brown v. StewartSupreme Court of Missouri · 1926
- State ex rel. Newell v. CaveSupreme Court of Missouri · 1917
- State Ex Rel. Penrose v. KillorenSupreme Court of Missouri · 1945
- Clatsop County v. TaylorOregon Supreme Court · 1941
- State Ex Rel. Goodson v. HallMissouri Court of Appeals · 1934
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