State ex rel. Bulger v. Southern
Supreme Court of Missouri
Prohibition. (1) Election contest proceedings are everywhere regarded and treated as special statutory proceedings, and are not civil suits, and the statute in reference to contests must be strictly construed. There is no implication in its favor and resort cannot be had to the Code of Civil Procedure.
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Prohibition. (1) Election contest proceedings are everywhere regarded and treated as special statutory proceedings, and are not civil suits, and the statute in reference to contests must be strictly construed. There is no implication in its favor and resort cannot be had to the Code of Civil Procedure. State ex rel. v. Spencer, 166 Mo. 279; State ex rel. v. Hough, 193 Mo. 643; Castello v. Court, 28 Mo. 277; Bowen v. Hixon, 45 Mo. 349. (2) Where a right depends upon giving a notice in a given time, and the notice is not given in the required time, it is jurisdictional, and unless strictly…
1DissentWoodson, J.
(dissenting.) — This is an original proceeding instituted in this courP against the respondent, seeking to prohibit him from proceeding with the trial of the case of Bert W. Welch v. Miles Bulger, wherein the former is contesting the latter’s election as-Presiding Judge of the County Court of Jackson County. A temporary writ was issued by this court, and in due time the respondent made return thereto.
The facts of the- case are undisputed, and are stated by counsel for respondent in substantially the following language:
Miles Bulger, and Bert W. Welch, respondent, were opposing candidates at…
2Cases cited15 opinions
- National Bank v. BurkhardtSupreme Court of the United States · 1880
- Baldwin v. WhitcombSupreme Court of Missouri · 1880
- Columbia Turnpike Road v. HaywoodNew York Supreme Court · 1833
- Linhart v. StateCourt of Criminal Appeals of Texas · 1894
- Warren v. SladeMichigan Supreme Court · 1871
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