Montgomery v. Dormer
Supreme Court of Missouri
Appeal from Sullivan Circuit Court. — How. E. M. Sorber, Special Judge. (1) The court erred in permitting- voters and judges of election to identify voters and their ballots, • and to testify whose names appeared on such ballots for the office in contest. The judges have no right to know or disclose for whom any voter voted.
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Appeal from Sullivan Circuit Court. — How. E. M. Sorber, Special Judge. (1) The court erred in permitting- voters and judges of election to identify voters and their ballots, • and to testify whose names appeared on such ballots for the office in contest. The judges have no right to know or disclose for whom any voter voted. R. S. 1899, secs. 6995 and 7114. Under section 3, article 8, of our Constitution a record is made which identifies every voter and his ballot, and secures both the secrecy of the ballot and absolute verification. This was intended not only to provide the means for…
1Opinion of the CourtValliant, J.
This is a contested election case. The parties were rival candidates for the office of clerk of the circuit court of Sullivan county at the election held November 4, 1902. By the official returns of the election officers it appeared that Dormer, the contestee, received 2,252 votes, and Montgomery, the contestant, 2,251. Dormer appearing then to have a majority of one, was awarded the certificate and entered into the office. On November 24, Montgomery served notice on Dormer that at the next term of the circuit court in that county, to be begun and held on the 15th day of December, 1902, he…
2Cases cited5 opinions
- Ex parte ArnoldSupreme Court of Missouri · 1895
- State ex rel. Funkhouser v. SpencerSupreme Court of Missouri · 1901
- Adcock v. LecomptSupreme Court of Missouri · 1877
- State ex rel. Hancock v. SpencerSupreme Court of Missouri · 1901
- Higbee v. EllisonSupreme Court of Missouri · 1887
3Cited by12 opinions
- State Ex Rel. Phillips v. BartonSupreme Court of Missouri · 1923
- Gantt v. BrownSupreme Court of Missouri · 1911
- Quigley v. PhelpsWashington Supreme Court · 1913
- State ex rel. Von Stade v. TaylorSupreme Court of Missouri · 1909
- Davenport v. TeetersMissouri Court of Appeals · 1954
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