State ex rel. Simmons v. John
Supreme Court of Missouri
Appeal from Lafayette. Circuit Court.—Hon. ¥m. T. Wood, Judge. Contested elections cannot be determined in a proceeding on a writ of mandamus. _T2 Am. Dec. 28; State ex rel. Jackson v. Auditor, 84 Mo. 375; 86 Mo. 70; Winston v. Mosley, 35 Mo. 46; State ex reL Jackson v. Howard Co. Ct., 41 Mo. 247; State ex rel.
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Appeal from Lafayette. Circuit Court.—Hon. ¥m. T. Wood, Judge. Contested elections cannot be determined in a proceeding on a writ of mandamus. _T2 Am. Dec. 28; State ex rel. Jackson v. Auditor, 84 Mo. 375; 86 Mo. 70; Winston v. Mosley, 35 Mo. 46; State ex reL Jackson v. Howard Co. Ct., 41 Mo. 247; State ex rel. Vail v. Draper, 48 Mo. 213. The city council’ having counted the votes and declared Turner elected, and having directed the mayor to commission him, which was done, could not annul its work. The council had performed its office, and its duties in that behalf were at an end. The…
1Opinion of the CourtIloueii, C. J.
This is a proceeding by mandamus to compel the respondent, who is mayor of the city of Lexington, to sign a warrant in favor of the relator, Simmons, drawn by Thomas B. Claggett, who is alleged to be register and treasurer of said city of Lexington. The respondent refused to sign said warrant, and alleged as a reason therefor, that said Claggett is not register and treasurer of said city? *16but. that Henry Turner is; that said Turner received a certificate of his election from the city council, was duly commissioned by the mayor, qualified and gave bond as such in June, 1880. The relator admits…
2Cases cited1 opinion
- State ex rel. Vail v. DraperSupreme Court of Missouri · 1871
3Cited by10 opinions
- Morton v. BroderickCalifornia Supreme Court · 1897
- State ex rel. Tolerton v. GordonSupreme Court of Missouri · 1911
- State ex rel. Evans v. GordonSupreme Court of Missouri · 1912
- State ex rel. Goodnow v. Police CommissionersMissouri Court of Appeals · 1899
- State Ex Rel. Baca v. OteroNew Mexico Supreme Court · 1928
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