State ex rel. Brown v. Klein
Supreme Court of Missouri
Prohibition. (1) The notice of contest fails to indicate specifically and definitely the grounds on which the contestor intends to rely, and is too general in it's character and is insufficient to support the application to open the-ballot boxes and to examine and recount .the .ballots. McCrary on Elections, secs. 394, 400, 402, 404; Revised. Statutes, secs.4672,4778; Gummv.
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Prohibition. (1) The notice of contest fails to indicate specifically and definitely the grounds on which the contestor intends to rely, and is too general in it's character and is insufficient to support the application to open the-ballot boxes and to examine and recount .the .ballots. McCrary on Elections, secs. 394, 400, 402, 404; Revised. Statutes, secs.4672,4778; Gummv. Hubbard, 97 Mo. 311 ; Gastello v. Circuit Court, 28 Mo. 259; Shields v. McGregor, 91 Mo. 547. (2) The circuit court possessed no-authority to make an order to examine the ballots prior to the June term, 1893, of said…
1Opinion of the CourtSherwood, J.
This is an original proceeding in this court. Upon a rule to show cause why he shouíd not be prohibited from issuing a writ commanding that the ballot boxes in a certain election contest be opened, the Hon. Jacob Klein, a judge of the circuit court of the city of St. Louis, has made the following return: “That such writ should notissue because it appears by the relator’s petition and by the copy of notice of contest and notice of application accompanying said petition, that under the statutes of the state of Missouri, reláting to election contests and to the opening of ballot boxes, by order…
2Cases cited4 opinions
- State ex rel. Dawson v. St. Louis Court of AppealsSupreme Court of Missouri · 1889
- State ex rel. Morse v. BurckharttSupreme Court of Missouri · 1885
- State ex rel. Clark v. SmithSupreme Court of Missouri · 1891
- State ex rel. Francis v. DillonSupreme Court of Missouri · 1885
3Cited by15 opinions
- Hull v. BaumannSupreme Court of Missouri · 1939
- State ex rel. Wells v. HoughSupreme Court of Missouri · 1906
- State Ex Rel. Karbe v. BaderSupreme Court of Missouri · 1934
- State ex rel. Terminal Railroad v. TracySupreme Court of Missouri · 1911
- State ex rel. Funkhouser v. SpencerSupreme Court of Missouri · 1901
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