State ex rel. Hancock v. Spencer
Supreme Court of Missouri
Prohibition. The defendant, Spencer, attempts to justify the order herein by alleging that the court in this matter heretofore in this court held that plaintiff Hancock by filing an answer waived the failure to give the ten days’ notice required by section 7057, Revised Statutes 1899. It would perhaps be sufficient to say that the preliminary rule entered in the former case, prohibiting respondents from carrying into effect the order there involved, was made absolute.
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Prohibition. The defendant, Spencer, attempts to justify the order herein by alleging that the court in this matter heretofore in this court held that plaintiff Hancock by filing an answer waived the failure to give the ten days’ notice required by section 7057, Revised Statutes 1899. It would perhaps be sufficient to say that the preliminary rule entered in the former case, prohibiting respondents from carrying into effect the order there involved, was made absolute. At that hearing the relator relied upon the proposition that to confer jurisdiction on the circuit court it was incumbent upon…
1Opinion of the CourtMarshall, J.
This case was here once before and is reported in 164 Mo. 55. It then appeared to be on all fours with tbe case of State ex rel. Folk v. Spencer, 164 Mo. 48, and was disposed of by tbe decision in tbat case. Tbe circuit court made tbe same order in this case tbat it made in tbe case of State ex rel. Funkhouser v. Spencer, No. 10975. Tbe notice of contest in this case is similar to tbe notice in tbe Funkbouser case, except tbat it charged tbat all tbe 136,000 votes cast at the election for assistant circuit attorney were fráudu*283lent, and did not except the three hundred in the fourth ward…
2Cases cited3 opinions
- State ex rel. Funkhouser v. SpencerSupreme Court of Missouri · 1901
- State ex rel. Folk v. SpencerSupreme Court of Missouri · 1901
- State ex rel. Hancock v. SpencerSupreme Court of Missouri · 1901
3Cited by9 opinions
- Armantrout v. BohonSupreme Court of Missouri · 1942
- State ex rel. Wells v. HoughSupreme Court of Missouri · 1906
- Montgomery v. DormerSupreme Court of Missouri · 1904
- Barnett, Haynes & Barnett v. Colonial Hotel Building Co.Missouri Court of Appeals · 1909
- Clay Chastain and Vincent Lee v. Sylvester JamesMissouri Court of Appeals · 2015
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