State ex rel. Bentley v. Reynolds
Supreme Court of Missouri
Prohibition. The acts of judges of primary election in receiving and counting ballots are ministerial. “The writ of certiorari is appropriate only to review the judicial action of inferior courts, or public officers, or bodies exercising judicial functions. It is not available to review the action of a public officer or body which is merely legislative, executive or administrative, although it may invoke the exercise of discretion.” People ex rel. v. Bush, 22 App.
Read the full summary
Prohibition. The acts of judges of primary election in receiving and counting ballots are ministerial. “The writ of certiorari is appropriate only to review the judicial action of inferior courts, or public officers, or bodies exercising judicial functions. It is not available to review the action of a public officer or body which is merely legislative, executive or administrative, although it may invoke the exercise of discretion.” People ex rel. v. Bush, 22 App. Div. 363; Matter of Many, 10 App. Div. 451; People ex rel. v. Austin, 20 App. Div. 1. Judges and clerks of election, under primary…
1Opinion of the CourtValliant, J.
This controversy arose over the result of a primary election held in St. Lonis, March 4, 1905, wherein Bentley, the relator, and John R. Mc-Carthey, one of the respondents herein, were rival candidates for the nomination by the Democratic party for the office of member of the House of Delegates from the 23rd ward. The election was held under the Statute of 1901 (Laws 1901, p. 149) relating to primary elections in cities of 300,000 inhabitants and over. The result of the election, according to the returns of the judges and clerks made to the election commissioners, was that Bentley was…
2Cases cited12 opinions
- People Ex Rel. Corwin v. . WalterNew York Court of Appeals · 1877
- In re the Saline County Subscription, ThompsonSupreme Court of Missouri · 1869
- State ex rel. Ballew v. WoodsonSupreme Court of Missouri · 1901
- State ex rel. Harrison County Bank v. SpringerSupreme Court of Missouri · 1896
- Matter of HartNew York Court of Appeals · 1899
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Pérez Segovia v. Tribunal de Distrito de San JuanSupreme Court of Puerto Rico · 1948
- State ex rel. Evans v. BroaddusSupreme Court of Missouri · 1912
- Bill Dreiling Motor Company v. Court of AppealsSupreme Court of Colorado · 1970
- Tebbetts v. RickartSupreme Court of Missouri · 1913
- State ex rel. Guion v. MilesSupreme Court of Missouri · 1908
10 more not listed; retrieve them via the Exa API.