State Ex Rel. Chilcutt v. Thatch

This original action in prohibition presents to us the question of whether the Declaratory Judgment Act, Mo. R. S. A. § 1126 to 1140, inclusive, can be used after a general election by a candidate for county office who did not receive the highest number of votes in that general election, to attack for the first time an alleged irregularity in the nomination of his successful opponent.

On February 25, 1948 one Jess Galloway duly filed his declaration of candidacy for nomination by the Democratic Party at the state primary election held on August 3, 1948, as Associate County Judge from the…