Wilson v. Lucas
Supreme Court of Missouri
I. This pleading is authorized and sanctioned by the law and practice of this State, no practice being prescribed by statute. (Castello v. St. Louis Circuit Court, 28 Mo. 259.) H. This contest was not instituted within the time prescribed and limited by law. (Gen. Stat. 1865, ch. 2, § 80 ; Castello v. St. Louis Circuit Court, 28 Mo. 259.) HI. The petition of contestant does not sufficiently allege that he was eligible or qualified to hold the office he is contesting.
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I. This pleading is authorized and sanctioned by the law and practice of this State, no practice being prescribed by statute. (Castello v. St. Louis Circuit Court, 28 Mo. 259.) H. This contest was not instituted within the time prescribed and limited by law. (Gen. Stat. 1865, ch. 2, § 80 ; Castello v. St. Louis Circuit Court, 28 Mo. 259.) HI. The petition of contestant does not sufficiently allege that he was eligible or qualified to hold the office he is contesting. (State ex rel. Bartley v. Governor, 39 Mo. 388 ; Curry v. Cablis et al., 37 Mo. 330 ; Biddle v. Boyce, 13 Mo. 532; Smith et al.…
1Opinion of the CourtWagner, Judge
John Wilson files his petition in this court at the present time, and prays that he may be allowed to contest the right of the defendant, Lucas, to the office of judge of the fifth judicial circuit in this State. He states, in substance, that he is a free white male citizen of this State, over the age of thirty years, and has been a resident of said circuit for twenty-seven years; that at the general election held on the 3d day of November, 1868, he and the defendant, Lucas, were candidates for the office of judge in said circuit,'and that at that election he received two thousand votes,…
2Cases cited1 opinion
- Castello v. St. Louis Circuit CourtSupreme Court of Missouri · 1859
3Cited by9 opinions
- Whitney v. BlackburnOregon Supreme Court · 1889
- Ledbetter v. HallSupreme Court of Missouri · 1876
- Bowen v. HixonSupreme Court of Missouri · 1870
- Harmon v. TylerTennessee Supreme Court · 1903
- Gillespie v. DionMontana Supreme Court · 1896
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