Turner v. Drake
Supreme Court of Missouri
Appeal from Carroll Circuit Court. — Hon. E. J. Broaddus, Judge. The record allows that there was a democratic State and. county ticket and a greenback county ticket upon which no names appeared as candidates for treasurer and prosecuting attorney. The names of two gentlemen who were independent candidates for those offices were printed upon the ballots in question, with the word “ independent” opposite each name.
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Appeal from Carroll Circuit Court. — Hon. E. J. Broaddus, Judge. The record allows that there was a democratic State and. county ticket and a greenback county ticket upon which no names appeared as candidates for treasurer and prosecuting attorney. The names of two gentlemen who were independent candidates for those offices were printed upon the ballots in question, with the word “ independent” opposite each name. This nondescript was tacked to the state republican ticket, and over all was the caption “ republican,” “ independent,” “ greenback.” Did that caption “ express the political…
1Opinion of the CourtNorton, J.
This is a proceeding instituted in the county court of Carroll county, contesting the election of defendant as recorder of deeds of said county. The county court quashed the notice of contest on the motion of defendant, from which action plaintiff appealed to the circuit court, where, upon a trial de novo, judgment was rendered for defendant, the notice of contest quashed and the proceeding dismissed, from which plaintiff has appealed to-this court. ' ■
The- only ground for contest alleged in the notice is that all the ballots cast for defendant at the election which was held on the 5th day of…
2Cases cited3 opinions
- Governor, Opinion of Court in response toSupreme Court of Missouri · 1869
- Blumenthal v. ToriniSupreme Court of Missouri · 1867
- McPike v. McPhersonSupreme Court of Missouri · 1867
3Cited by4 opinions
- Gumm v. HubbardSupreme Court of Missouri · 1888
- State ex rel. Law v. SaxonSupreme Court of Florida · 1892
- Donnell v. LeeMissouri Court of Appeals · 1902
- State Ex Rel. Gipe v. NelsonSupreme Court of Missouri · 1948