State ex inf. Prosecuting Attorney ex rel. Thompson v. Heffernan
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Eon. J. T. Neville, Judge. (1) Ballots at an election cannot, under the Constitution, article 8, sections 3 and 9, be opened and inspected, except in cases of contested elections. (2) Quo warranto proceeding is not a contested election case within the meaning of the Constitution, and ballots cannot be inspected therein.
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Appeal from Greene Circuit Court. — Eon. J. T. Neville, Judge. (1) Ballots at an election cannot, under the Constitution, article 8, sections 3 and 9, be opened and inspected, except in cases of contested elections. (2) Quo warranto proceeding is not a contested election case within the meaning of the Constitution, and ballots cannot be inspected therein. (3) A quo warranto proceeding adjudges the right to the office to no one; it only determines whether the person exercising the right to the office is a usurper. State v. Francis, 88 Mo. 367; State ex rel. v. Board, 112 Mo. 213; State ex rel.…
1Opinion of the Court
BROWN, C.
This is an information in the nature of a quo warranto, filed in the circuit court for Greene county by the prosecuting attorney at the relation of an owner of land in James River Club House Road District of Greene county, a special road district incorporated under the act of the General Assembly approved April 14, 1905. [R. S. 1909, Secs. 10611 et seq.] It challenges the right of the defendant to exercise the office of commissioner of the district. The answer denies the usurpation charged, assumes the burden of justifying the exercise of the office, and sets forth with sufficient…
2Cases cited10 opinions
- State ex rel. Rose v. JobSupreme Court of Missouri · 1907
- State ex rel. Boyd v. RoseSupreme Court of Missouri · 1884
- State ex rel. Hequembourg v. LawrenceSupreme Court of Missouri · 1866
- State ex rel. Ewing v. TownsleySupreme Court of Missouri · 1874
- State ex rel. Kempf v. BoalSupreme Court of Missouri · 1870
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3Cited by16 opinions
- State v. TarwaterSupreme Court of Missouri · 1922
- Taylor v. DimmittSupreme Court of Missouri · 1935
- Harris v. William R. Compton Bond & Mortgage Co.Supreme Court of Missouri · 1912
- State ex el. Schneider's Credit Jewelers, Inc. v. BrackmanSupreme Court of Missouri · 1954
- State ex inf. Graham ex rel. Mississippi County ex rel. Bishop v. HurleySupreme Court of Missouri · 1976
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