State ex rel. McCurdy v. Slover
Supreme Court of Missouri
. Prohibition. (1) All matters pertaining to a contested election case must be regulated by statute, as the right to make the contest and jurisdiction of any court to hear the same is purely statutory.
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. Prohibition. (1) All matters pertaining to a contested election case must be regulated by statute, as the right to make the contest and jurisdiction of any court to hear the same is purely statutory. (2) The constitution of this state prohibits the opening of the ballots cast at any election except in case of a contest, and not then until the general assembly has designated the court or judge by whom the several classes of election contests shall be tried, and regulated the manner of trial and all matters incident thereto, and prescribed safeguards and regulations under which the…
1Opinion of the CourtBaeclay, J.
— This is an original proceeding to obtain a writ of prohibition against one of the judges of the circuit court of Jackson county.
The plaintiff is Mr. McCurdy. It appears that he is defendant, or contestee, in a statutory proceeding pending in that court, to contest an election held in November last, in Jackson county, for the office of collector of the revenue. Mr. DeBord is the plaintiff or contestant therein.
Judge Slovee, as the circuit judge before whom that proceeding is in progress, has issued a writ or order directed to the recorder of voters of Kansas City, commanding him to open and…
2Cases cited3 opinions
- United States v. FreemanSupreme Court of the United States · 1845
- Smith v. . the PeopleNew York Court of Appeals · 1872
- Post Master General v. EarlySupreme Court of the United States · 1827
3Cited by24 opinions
- Ex parte LucasSupreme Court of Missouri · 1901
- State ex rel. Kochtitzky v. RileySupreme Court of Missouri · 1907
- State ex rel. Atchison, Topeka & Santa Fe Railway Co. v. TrimbleSupreme Court of Missouri · 1914
- State ex rel. Funkhouser v. SpencerSupreme Court of Missouri · 1901
- State ex rel. Larew v. SaleSupreme Court of Missouri · 1905
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