State ex rel. Camillo v. Hess

SMITH, Commissioner.

This is an original mandamus proceeding seeking to compel respondent to exercise jurisdiction in a primary election contest brought pursuant to the provisions of Sections 124.010 and 124.020, RSMo 1959, V. A.M.S. When this matter was at issue and we had determined that our alternative writ should be made peremptory we immediately entered our order to that effect with this opinion to follow.

Respondent quashed the return of service of summons and, because more than five days had passed since the certification of the results of the canvass of votes of the election, dismissed…