Legal Opinion

State ex rel. Metcalf v. Garesché

Missouri Court of Appeals

Decided April 24, 1877PublishedCited by 3 opinions

Appeal from St. Louis Circuit Court. cited: McCrary on Elect. 64, sec. 82; The State ex rel. v. Steers, 44 Mo. 223 ; Morgan v. Quackenbush, 22 Barb. 77; Const. Mo., art. 6, sec. 1; The State ex rel. v. Bailey et al., 7 Iowa, 404 ; Barnes et al. v. Gottschalk et al., ante, pp. Ill, 222; The People ex rel. v. Fuller, 29 111. 420, 422; The State ex rel. v. Dougherty, 45 Mo. 300; Wag.

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Appeal from St. Louis Circuit Court. cited: McCrary on Elect. 64, sec. 82; The State ex rel. v. Steers, 44 Mo. 223 ; Morgan v. Quackenbush, 22 Barb. 77; Const. Mo., art. 6, sec. 1; The State ex rel. v. Bailey et al., 7 Iowa, 404 ; Barnes et al. v. Gottschalk et al., ante, pp. Ill, 222; The People ex rel. v. Fuller, 29 111. 420, 422; The State ex rel. v. Dougherty, 45 Mo. 300; Wag. Stat. 569, secs. 25, 29. cited : The State ex rel. v. Steers, 44 Mo.; Ex parte Bacon v. Lyon, 6 Cow. 392; Ex parte Nilson, 1 Cow. 423; Dixon v. Judge, 4 Mass. 286 ; The King v. Archbishop of Canterbury, 15 East, 117…

1Opinion of the CourtBakewell, J.

This was an application for a mandamus to compel appellants, as canvassers of election returns, to issue to the relator a certificate of election as representative for Congress, in the Third Congressional District. An alternative writ issued, and was served upon defendant Garesché, clerk of the County Court of St. Louis County, and upon defendants Finney and Shultz, justices of the County Court.

The petition alleges that, at a general election in St. Louis County, held on November 7, 1876, relator and R. Graham Frost were candidates for Congress, in the district named; and that the poll-books…

2Cases cited5 opinions

  1. State ex rel. Adamson v. Lafayette County CourtSupreme Court of Missouri · 1867
  2. Dunklin County v. District County Court of Dunklin CountySupreme Court of Missouri · 1856
  3. State ex rel. Attorney-General v. SteersSupreme Court of Missouri · 1869
  4. People ex rel. Livingston v. TaylorNew York Supreme Court · 1865
  5. Woodward v. Van HoySupreme Court of Missouri · 1870

3Cited by3 opinions

  1. Barnes v. PlessnerMissouri Court of Appeals · 1909
  2. Hulse v. MarshallMissouri Court of Appeals · 1880
  3. State ex rel. Estes v. StaedMissouri Court of Appeals · 1895

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