Nance v. Kearbey
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Hon. John P. Foard, Judge. (1) Candidates nominated by electors are not the nominees of a political party; but are the nominees of the individual electors nominating them, and only as such are they entitled to go upon the ballot. The names of. candidates, nominated by electors, cannot be placed upon the regular ticket of any political party although there be a vacancy upon the ticket of the party of which they are members.
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Appeal from Butler Circuit Court. — Hon. John P. Foard, Judge. (1) Candidates nominated by electors are not the nominees of a political party; but are the nominees of the individual electors nominating them, and only as such are they entitled to go upon the ballot. The names of. candidates, nominated by electors, cannot be placed upon the regular ticket of any political party although there be a vacancy upon the ticket of the party of which they are members. Atkeson v. Lay, 115 Mo. 538; "Whipple v. Owen, 24 Oolo. 319; Phillips-v. Curtis, 4 Idaho, 193; Lowery v. Davis, 101 Iowa,. 236; Fisher…
1Opinion of the CourtLamm, C. J.
At the general election in November, 1912, Mr. Kearbey received eleven more votes than Mr. Nance for the office of sheriff of Butler county. On a canvass of the returns such result was promulgated, the county clerk so certified, a formal certificate of election followed, with the Governor’s commission attested by the Great Seal, and the superscription of the Secretary of State.
*377In due time Mr. Nance contested the election by notice (E. S'. 1909, sec. 5924) returnable to the January term, 1913, of the Butler Circuit Court. Cast on a trial on the merits, he appealed, and the cause, advanced…
2Cases cited17 opinions
- Stackpole v. HallahanMontana Supreme Court · 1895
- Allen v. GlynnSupreme Court of Colorado · 1892
- Ledbetter v. HallSupreme Court of Missouri · 1876
- Price v. LushMontana Supreme Court · 1890
- Atkeson v. LaySupreme Court of Missouri · 1893
12 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- State Ex Rel. Chilcutt v. ThatchSupreme Court of Missouri · 1949
- State Ex Rel. Wahl v. SpeerSupreme Court of Missouri · 1920
- Missouri Protection & Advocacy Services, Inc. v. CarnahanCourt of Appeals for the Eighth Circuit · 2007
- State ex rel. Kemper v. CarterSupreme Court of Missouri · 1914
- Mansur v. MorrisSupreme Court of Missouri · 1946
23 more not listed; retrieve them via the Exa API.