Williams v. Dalrymple
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. W. 0. Mead, Esq., Special Judge. (1) The ticket printed upon the official ballot and captioned “Democratic Ticket,” is fraudulent as a matter of law, and the contestee was not entitled to have any of such tickets cast or counted in his behalf. The same remark applies to the ticket captioned “People’s Party Ticket.”
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Appeal from Greene Circuit Court. — Hon. W. 0. Mead, Esq., Special Judge. (1) The ticket printed upon the official ballot and captioned “Democratic Ticket,” is fraudulent as a matter of law, and the contestee was not entitled to have any of such tickets cast or counted in his behalf. The same remark applies to the ticket captioned “People’s Party Ticket.” Shields v. McGregor, 91 Mo. 534; Gumm v. Hubbard, 97 Mo. 311; sec. 4671, R. S. 1889; Turner v. Brake, 71 Mo. 285. (2) Section 4671 of the Revised Statutes of Missouri, 1889, was not repealed by the provisions of the australian ballot law.…
1Opinion of the Court
Maobáblanb, J.
The suit is a contest over the election of recorder of Greene county. We adopt in substance the statement of counsel for appellant which seems to be a full and fair presentation of the case.
At the election held in November, 1894, for the election of state and county officers, in Greene county, Missouri, a ballot was printed and used which contained what is popularly termed a fusion ticket. The democratic county convention, called for the selection of county officers of Greene county, Missouri, placed before the people as nominees of the democratic convention for county officers…
2Cases cited2 opinions
- Bowers v. SmithSupreme Court of Missouri · 1892
- Lankford v. GebhartSupreme Court of Missouri · 1885
3Cited by3 opinions
- Nance v. KearbeySupreme Court of Missouri · 1913
- People ex rel. Schnackenberg v. CzarneckiIllinois Supreme Court · 1912
- State ex rel. Frazer v. SeibelSupreme Court of Missouri · 1914