State ex rel. Rainwater v. Ross
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Now. B. G. Thurman, Judge. (1) These provisions of the statute are mandatory. Ballots without numbers were counted in the 5th ward, and the ballots in the 5th ward were not sealed up in a package, but were returned loose on a string in an unfastened box, and should not have been counted. West v. Ross, 53 Mo. 350; Ledbetter v. Hull, 62 Mo. 422; Donald v. Lee, 101 Mo.
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Appeal from Jasper Circuit Court. — Now. B. G. Thurman, Judge. (1) These provisions of the statute are mandatory. Ballots without numbers were counted in the 5th ward, and the ballots in the 5th ward were not sealed up in a package, but were returned loose on a string in an unfastened box, and should not have been counted. West v. Ross, 53 Mo. 350; Ledbetter v. Hull, 62 Mo. 422; Donald v. Lee, 101 Mo. App. 191; McKay v. Minor, 154 Mo. 608. (2) The law governing special elections must be strictly followed. And there must be reasonable notice of time and polling places and where the time and…
1Concurrence
SEPARATE CONCURRING OPINION.
NIXON, P. J.
Having reached the same conclusion in my consideration of this case as my associate, but from a different viewpoint, it seems proper to give tfie reasons for my conclusions in a separate opinion.
This is a proceeding by mandamus to contest the validity of a local option election held in the city of Carthage, Jasper county, Missouri, on the 3d day of February, 1910. The relator/ a citizen of Carthage, possessing all the statutory qualifications required to make him eligible as a dramshop keeper, on the 23d day of January, 1911, duly presented to the…
2Cases cited24 opinions
- Robertson v. State ex rel. SmithIndiana Supreme Court · 1887
- State v. SearcyMissouri Court of Appeals · 1890
- Dowdy v. WambleSupreme Court of Missouri · 1892
- State ex rel. Gracy v. Bank of NeoshoSupreme Court of Missouri · 1894
- Norman v. ThompsonTexas Supreme Court · 1903
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