State ex rel. Nichols v. Schmoutey

L. F. COTTEY, Special Judge.

In form, this is a proceeding in mandamus; but in substance and object it is so clearly an election contest that we wonder at its being brought up in this fashion. It is an old and settled rule that mandamus cannot be employed to accomplish the purpose of an election contest. Barnes v. Gottschalk, 3 Mo.App. 111, 120; State ex rel. and to Use of Averill v. Baird, 217 Mo.App. 362, 278 S.W. 416, 417; State ex rel. Frank v. Becker, 320 Mo. 1087, 9 S.W.2d 153, 154. Worse yet, the case from any standpoint is so lacking in merit that there is no prospect the re*386view we are…