Higbee v. Ellison
Supreme Court of Missouri
Appeal from Linn Circuit Court. — Hon. Qavon D* Burgess, Judge. (1) The judge erred in considering and deciding the question of jurisdiction on the motion. R. S., sec. 5550 j State v. Sherwood, 42 Mo. 179. (2) The judge erred in construing and applying the statute defining and fixing the tribunal before which the case should be heard and determined.
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Appeal from Linn Circuit Court. — Hon. Qavon D* Burgess, Judge. (1) The judge erred in considering and deciding the question of jurisdiction on the motion. R. S., sec. 5550 j State v. Sherwood, 42 Mo. 179. (2) The judge erred in construing and applying the statute defining and fixing the tribunal before which the case should be heard and determined. R. S., sec. 5554. (3) To reach the conclusion arrived at by the judge, section 5555 must be construed so as to repeal section 5554, thus defining and fixing jurisdiction by mere inference, which is deemed inadmissible. R. S., sec. 5555 ; Stale ex…
1Opinion of the CourtBlack, J.
At the general election, held on the second of November, 1886, the appellant and respondent were candidates for judge of the circuit court for the twenty-seventh judicial circuit. Mr. Ellison received a majority of four hundred and ninety-one votes. Mr,. Higbee endeavored to contest the election on the ground of alleged illegality in the form of the ballots ; and to that end presented his petition to the Hon. Gl-avon D. Burgess,, judge of the eleventh judicial circuit, at the courtroom, in the town of Linneus, in Linn county, on the tenth of December, 1886, during the noon recess of the…
2Cited by4 opinions
- Montgomery v. DormerSupreme Court of Missouri · 1904
- State ex rel. Folk v. SpencerSupreme Court of Missouri · 1901
- State ex rel. Woodson v. RobinsonSupreme Court of Missouri · 1917
- State ex rel. Sale v. McElhinneySupreme Court of Missouri · 1906