McKay v. Minner
Supreme Court of Missouri
Appeal from Barton Circuit Court. — Hon. H.- O. Timmonds, Judge. (1) Oontestee claims, that section 4785, R. S. 1889, is simply directory.
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Appeal from Barton Circuit Court. — Hon. H.- O. Timmonds, Judge. (1) Oontestee claims, that section 4785, R. S. 1889, is simply directory. The language, “no judge shall deposit any ballot upon which the names or initials of the judges as hereinbefore provided does not appear,” is no more imperative than if the language used had been “the receiving judges, before depositing any ballot, shall see that it is so folded that their indorsement shall appear on the back thereof, as hereinbefore provided.” This is what is meant by the legislature. In making the provision in section 4785 it must have…
1Opinion of the CourtSheewood, J.
Election contest between Benton McKay and James A. Minner for the office of judge of the county court for the western district of Barton county. The outcome of the contest 'turns on the vote of Central township, in relation to which the evidence shows that Minner had counted for him 136 ballots and McKay had counted for him 94 ballots. Each of these ballots had indorsed on it the names and initials of only one of the judges of the election. But these ballots were nevertheless counted, and so Minner was declared elected and received his certificate, and is now an acting judge of the county…
2Cases cited8 opinions
- Bowers v. SmithSupreme Court of Missouri · 1892
- State v. GrantSupreme Court of Missouri · 1883
- Gumm v. HubbardSupreme Court of Missouri · 1888
- West v. RossSupreme Court of Missouri · 1873
- Hope v. FlentgeSupreme Court of Missouri · 1897
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3Cited by10 opinions
- Strottman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1908
- Newhouse v. AlexanderSupreme Court of Oklahoma · 1909
- State ex rel. Dithmar v. BunnellWisconsin Supreme Court · 1907
- Horsefall v. School DistrictMissouri Court of Appeals · 1910
- Bernhardt v. LongSupreme Court of Missouri · 1948
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