Sanders v. Lacks
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Hon. John G-. Wear, Judge. (1) The basis of this suit is the failure of the judges .who were appointed by the county court to hold the election on November 3, 1896, at Fitzgerald voting precinct, to act, and the fact that the election was held by four judges instead of six as the statutes require, and that of these four but two were duly appointed by the county court, the other two acting without the authority of appointment or election by…
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Appeal from Butler Circuit Court. — Hon. John G-. Wear, Judge. (1) The basis of this suit is the failure of the judges .who were appointed by the county court to hold the election on November 3, 1896, at Fitzgerald voting precinct, to act, and the fact that the election was held by four judges instead of six as the statutes require, and that of these four but two were duly appointed by the county court, the other two acting without the authority of appointment or election by the voters present, as the statutes provide. There is but little or no contention as to the evidence and facts…
1Opinion of the Court
Barclay, P. J,
This is a contested election case, brought to the Supreme Court by appeal of the plaintiff, or contestant, after a decision on the circuit in favor of the defendant, who holds the certificate of election to the office in dispute, which is that of collector of the revenue for Butler county. The proceeding began with a notice of contest, the grounds of which need not be specially stated at this point. In due time the contestee demurred to the notice. His demurrer was overruled. No answer was filed, but the parties went to a trial as upon a denial of the facts alleged. The court…
2Cases cited6 opinions
- The People v. . CookNew York Court of Appeals · 1853
- Taylor v. TaylorSupreme Court of Minnesota · 1865
- State ex rel. Blakemore v. RombauerSupreme Court of Missouri · 1890
- Henslee v. CannefaxSupreme Court of Missouri · 1872
- Hope v. FlentgeSupreme Court of Missouri · 1897
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3Cited by17 opinions
- State Ex Rel. Wahl v. SpeerSupreme Court of Missouri · 1920
- Murphy v. City of SpokaneWashington Supreme Court · 1911
- Town of Hendersonville v. JordanSupreme Court of North Carolina · 1908
- State Ex Rel. Manhattan Const. Co. v. BarnesSupreme Court of Oklahoma · 1908
- State Ex Rel. Davidson v. CaldwellSupreme Court of Missouri · 1925
12 more not listed; retrieve them via the Exa API.