Montague v. Whitney

JAMES D. CLEMENS, Special Judge.

Election contest. On contestee’s motion the trial court dismissed contestant’s petition and he appeals. The issue here is whether the petition states sufficient facts to grant relief under the provisions of Chapter 124, RSMo 1949, pertaining to election contests. (All references to chapter and section numbers refer to RSMo 1949, V.A.M.S., unless otherwise designated).

The petition alleges: Contestant Monte Montague was the only candidate to file for mayor of Rock Hill, a city of the fourth class, at the April 3, 1956 election. His name was printed on the…