Curry v. Cabliss
Supreme Court of Missouri
Error to Worth Circuit Court. This case was heard at the September term, 1865, of the Worth Circuit Court, and the demurrer to the following petition sustained: “ Plaintiff by his petition states that the defendants were the judges of the election held on the 6th day of June, 1865, in the county of Worth and State of Missouri, for the purpose of taking a vote on the proposed Constitution of the State of Missouri, adopted by the Convention of said State on the 8th day of…
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Error to Worth Circuit Court. This case was heard at the September term, 1865, of the Worth Circuit Court, and the demurrer to the following petition sustained: “ Plaintiff by his petition states that the defendants were the judges of the election held on the 6th day of June, 1865, in the county of Worth and State of Missouri, for the purpose of taking a vote on the proposed Constitution of the State of Missouri, adopted by the Convention of said State on the 8th day of April, 1865, and acting as such at the precinct at the town of Oxford, in Green township, in said county of Worth; that on…
1Opinion of the CourtHolmes, Judge
The questions to be considered here are only such as arise upon demurrer to plaintiff’s petition. The chief objection was that the petition did not state the facts necessary to be shown in order to constitute the plaintiff a qualified and legal voter, and only conclusions of law. The petition did not *334aver any of the particular facts on which his right to vote depended. It recited only that the plaintiff “being in a.ll respects a legal voter of said county, and entitled to vote at said election, having fully complied with the law respécting voters previous to offering his vote or ballot,”…
2Cases cited1 opinion
- Biddle v. BoyceSupreme Court of Missouri · 1850
3Cited by7 opinions
- State ex rel. Bartley v. FletcherSupreme Court of Missouri · 1867
- Blair v. RidgelySupreme Court of Missouri · 1867
- State ex rel. Fowler v. FinleySupreme Court of Florida · 1892
- Eby v. WilsonSupreme Court of Missouri · 1926
- McGowan v. GardnerMissouri Court of Appeals · 1915
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