State ex rel. Folk v. Spencer
Supreme Court of Missouri
Prohibition. (1) The failure of the contestant to serve contestee with a ten days’ notice of the time and place of presentation of his petition, is fatal to the action. Secs. 7057, 7058, 7059, 7060, 7061, 7062, 7063, 7064, 7069 and 7070, R, S. 1899. These provisions are not inharmonious, and since notice of presentation of the petition is plainly required, the f ailure to 'give it is vital.
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Prohibition. (1) The failure of the contestant to serve contestee with a ten days’ notice of the time and place of presentation of his petition, is fatal to the action. Secs. 7057, 7058, 7059, 7060, 7061, 7062, 7063, 7064, 7069 and 7070, R, S. 1899. These provisions are not inharmonious, and since notice of presentation of the petition is plainly required, the f ailure to 'give it is vital. Costello v. St. Louis Circuit Court, 28 Mo. 259; Wilson v. Lucas, 43 Mo. 293; Higbee v. Ellison, 92 Mo. 13. (2) The contestant should not only have given the notice required by statute, but should have…
1Opinion of the CourtMarshall, J.
— This is an original proceeding in prohibition to prohibit the carrying into effect of an order of Hon. Selden P. Spencer, judge of the circuit court, in the contested election case of Eugene McQuillan, contestant, vs. Joseph W. Folk, contestee, for the office of circuit attorney of said city. The order is similar to the order considered in State ex rel. Eunkhouser v. Spencer, and what is said in that case applies with full force to the case at bar.
But in addition to the questions there raised and decided, the relator herein contends that the circuit court had no jurisdiction of the…
2Cases cited23 opinions
- State ex rel. Reid v. WalbridgeSupreme Court of Missouri · 1894
- State ex rel. Missouri & Mississippi Railroad v. Macon County CourtSupreme Court of Missouri · 1867
- Fithian v. MonksSupreme Court of Missouri · 1869
- State ex rel. Martin v. WoffordSupreme Court of Missouri · 1894
- Manker v. FaulhaberSupreme Court of Missouri · 1887
18 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State Ex Rel. Brown v. StewartSupreme Court of Missouri · 1926
- State ex rel. Hancock v. SpencerSupreme Court of Missouri · 1901
- State ex rel. Newell v. CaveSupreme Court of Missouri · 1917
- State Ex Rel. Penrose v. KillorenSupreme Court of Missouri · 1945
- State ex rel. Gaston v. ShieldsSupreme Court of Missouri · 1910
5 more not listed; retrieve them via the Exa API.