Legal Opinion

Zeiler v. Chapman

Supreme Court of Missouri

Decided January 15, 1874PublishedCited by 14 opinions

Error to Lafayette Circuit Court. I. It was not the intention of the constitution, that the right of suffrage of the citizen should be left to the whims and caprices of registration officers. There woidd not. be time, by any of the writs known to the law, to compel a supervisor of registration to perform his duty of filling vacancies within the time limited for registration under the law. II.

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Error to Lafayette Circuit Court. I. It was not the intention of the constitution, that the right of suffrage of the citizen should be left to the whims and caprices of registration officers. There woidd not. be time, by any of the writs known to the law, to compel a supervisor of registration to perform his duty of filling vacancies within the time limited for registration under the law. II. Yoters, who have had no opportunity to register, have a right to vote by taking the oath at the polls at the time of offering to vote. (Const., Art. 2, § 5.) III. The talcing and subscribing of the oath…

1Opinion of the CourtNapton, Judge

This is a case of a contested election for the office of Treasurer of Lafayette County in Nov. 1867. The case was originally tried in the County Court, where the contestee, Chapman, was decided to have been duly elected; and afterwards removed to the Circuit Court, where a trial de novo was had, which resulted in a decision and judgment in favor of the contestant Zeiler.

The facts appear to be as developed at the trial, that Chapman, the contestee, received a majority of the votes cast in the county, and upon the returns was declared elected, and duly commissioned as Treasurer; but the returns…

2Cases cited1 opinion

  1. West v. RossSupreme Court of Missouri · 1873

3Cited by14 opinions

  1. Gaston v. LamkinSupreme Court of Missouri · 1893
  2. State ex rel. Brown v. McMillanSupreme Court of Missouri · 1891
  3. State ex rel. Harrison v. FrazierSupreme Court of Missouri · 1889
  4. State ex rel. Miles v. EllisonSupreme Court of Missouri · 1916
  5. State ex rel. Walker v. BridgesNew Mexico Supreme Court · 1921

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