Switzler v. Rodman
Supreme Court of Missouri
Error to Cole Circuit Court. I. The duty of the defendant was simply to cast up the votes after opening the returns, and .certify the result. He had no power to look out of or beyond the returns. (Mayo v. Freeland, 10 Mo. 629 ; State v. Harrison, 38 Mo. 540.) EE. The bouse of representatives in Congress bad power to Say wbo should sit in tbe body, but no jurisdiction of this suit. III. Tbe defendant is charged with refusing to open, cast up and certify tbe returns.
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Error to Cole Circuit Court. I. The duty of the defendant was simply to cast up the votes after opening the returns, and .certify the result. He had no power to look out of or beyond the returns. (Mayo v. Freeland, 10 Mo. 629 ; State v. Harrison, 38 Mo. 540.) EE. The bouse of representatives in Congress bad power to Say wbo should sit in tbe body, but no jurisdiction of this suit. III. Tbe defendant is charged with refusing to open, cast up and certify tbe returns. If be did so be violated tbe law, no matter who bad tbe majority of tbe legal votes. This is not a suit on tbe official bond of…
1Opinion of the Court
Bliss, Judge,
delivered tbe opinion of tbe court.
At tbe general election in 1868, tbe plaintiff was candidate for Congress, from tbe Ninth Congressional district; tbe defendant was Secretary of State. In canvassing tbe votes tbe secretary refused to open tbe returns and count tbe votes for tbe county of Monroe, and for this refusal tbe plaintiff brings suit to recover tbe penalty providbd by section 15, chapter 17, of the General Statutes (Wagn. Stat. 1272), for tbe refusal to perform tbe *199duties enjoined on him by law in regard to canvassing the votes of said county of Monroe.
The defendant…
2Cases cited2 opinions
- Hunter v. ChandlerSupreme Court of Missouri · 1870
- State ex rel. Bradshaw v. SherwoodSupreme Court of Missouri · 1868
3Cited by6 opinions
- Summers v. RailroadSupreme Court of North Carolina · 1905
- Judah v. PittsSupreme Court of Missouri · 1933
- Rollins v. Seaboard Air Line RailwaySupreme Court of North Carolina · 1907
- State ex rel. Cook v. Board of Comm'rsSouth Dakota Supreme Court · 1912
- Elliott v. Southern Railway Co.Supreme Court of North Carolina · 1911
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