Hehl v. Guion
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Son. D. D. Fisher, Judge. (1) It is a familiar rule in election contest cases that when ballots have been rejected by the judges of election, the burden is on the party who claims an illegal rejection, to prove such illegality. In the absence of evidence beyond the ballots, the presumption that they were properly rejected becomes conclusive.
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Appeal from St. Louis City Circuit Court. — Son. D. D. Fisher, Judge. (1) It is a familiar rule in election contest cases that when ballots have been rejected by the judges of election, the burden is on the party who claims an illegal rejection, to prove such illegality. In the absence of evidence beyond the ballots, the presumption that they were properly rejected becomes conclusive. Therefore, the nine ballots marked “rejected ballots,” were improperly counted for respondent. Zeiler v. Chapman, 54 Mo. 502; McCrary on Elections (4 Ed), sec. 459. (2) Ballots not bearing the initials or names…
1Opinion of the CourtValliant, J.
This is an election contest for the office of constable in one of the St. Louis districts, growing out of the general election held November 8, 1898. By the official returns the contestee was shown to have received 1,199 votes *78and the contestant 4,460, showing a majority of 39 for the contestee, who was accordingly awarded the certificate of election, whereupon in due season he qualified and entered upon the office and continued in the same until he was ousted by the judgment of the circuit court in this case, sine© which period contestant has been and is in possession.
Upon the trial the…
2Cases cited4 opinions
- Gumm v. HubbardSupreme Court of Missouri · 1888
- Hall v. SchoeneckeSupreme Court of Missouri · 1895
- West v. RossSupreme Court of Missouri · 1873
- Ledbetter v. HallSupreme Court of Missouri · 1876
3Cited by16 opinions
- Cheney v. CoughlinMassachusetts Supreme Judicial Court · 1909
- Straughan v. MeyersSupreme Court of Missouri · 1916
- Nance v. KearbeySupreme Court of Missouri · 1913
- Elliott v. HoganMissouri Court of Appeals · 1958
- Horsefall v. School DistrictMissouri Court of Appeals · 1910
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