Gumm v. Hubbard
Supreme Court of Missouri
Anneal from Morgan Circuit Court. — Hon. E. L. Edwards, Judge. (1) Contested elections are triable by tbe court in a summary manner without formal pleadings. A jury trial cannot be demanded. R. S. 1879, sec. 5532 ; Pedigo v. Grimes, 11. West. Rep. 341, and cas. cit. In such, cases, parties are not required to ask declarations of law. The whole case will be reviewed by the appellate court.
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Anneal from Morgan Circuit Court. — Hon. E. L. Edwards, Judge. (1) Contested elections are triable by tbe court in a summary manner without formal pleadings. A jury trial cannot be demanded. R. S. 1879, sec. 5532 ; Pedigo v. Grimes, 11. West. Rep. 341, and cas. cit. In such, cases, parties are not required to ask declarations of law. The whole case will be reviewed by the appellate court. It is only in jury trials, or where the court sits as a jury, that instructions are necessary to preserve questions of law. R. S. 1879, sec. 3655 ; Erskine v. Lowenstein, 11 Mo. App. 595; Belden v. Ravlin,…
1Opinion of the CourtBlack, J.
This is an election contest between Caleb Grumm and Joel D. Hubbard, who were candidates for the office of county clerk of Morgan county at the election held on the second of November, 1886. The official count gave Hubbard 1103 and G-umm 1096 votes, a majority of seven for Hubbard. After Glumm gave notice of contest, Hubbard gave a like notice, and the circuit court gave judgment for Hubbard, the contestee.
1. Q-umm, the contestant, objected to the introduction of any evidence in support of a part of contestee’s notice. The court did not pass upon the question at the time, but took it under…
2Cases cited1 opinion
- Turner v. DrakeSupreme Court of Missouri · 1879
3Cited by26 opinions
- Bowers v. SmithSupreme Court of Missouri · 1892
- State Ex Rel. Sathre v. MoodieNorth Dakota Supreme Court · 1935
- Lankford v. GebhartSupreme Court of Missouri · 1885
- Dunagan v. Town of Red RockSupreme Court of Oklahoma · 1916
- State Ex Inf. Barrett v. ImhoffSupreme Court of Missouri · 1922
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