Hall v. Schoenecke
Supreme Court of Missouri
Appeal from Atchison Circuit Court. — Hon. C. A. Anthony, Judge. (1) The court below erred in finding for the contestant, for the reason that W. L. Torrence, A. M. Stephenson and J. P. Stephenson were legal voters at said election, notwithstanding the fact of their being students at the college located in said city, at the time of said election.
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Appeal from Atchison Circuit Court. — Hon. C. A. Anthony, Judge. (1) The court below erred in finding for the contestant, for the reason that W. L. Torrence, A. M. Stephenson and J. P. Stephenson were legal voters at said election, notwithstanding the fact of their being students at the college located in said city, at the time of said election. Constitution of the state of Missouri, art. 8, see. 7; McCrary on Elections [3 Ed.], secs. 66, 68, pp. 41, 42. (2) The court below erred in finding for the contestant, for the reason that W. C. Graham was a legal voter at said election, as his parents…
1Opinion of the Court
Macfarlane, J. —
At an election held in the city of Tarkio, on April 3, 1894, for the office of mayor, appellant received 185, and respondent 184 of the votes counted by the election officers. Respondent contested the election.
By order of court the ballot boxes were opened, the ballots examined, and the vote recounted by the county clerk, who reported the result thereof to the court. Upon a trial the court found that contestant was elected and judgment was rendered accordingly. Contestee appealed.
I. The votes of three students who voted for contestee, and whose votes were counted by the…
2Cited by26 opinions
- State Ex Rel. Wahl v. SpeerSupreme Court of Missouri · 1920
- Welsh v. ShumwayIllinois Supreme Court · 1907
- State Ex Rel. King v. WalshSupreme Court of Missouri · 1972
- Hope v. FlentgeSupreme Court of Missouri · 1897
- Stevens v. LarwillMissouri Court of Appeals · 1904
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