Steinmetz v. Smith

CRIST, Presiding Judge.

On August 5, 1980, a primary election was held to elect the Democratic and Republican nominees for the office of member of the Missouri House of Representatives for the Ninety-first District. Appellant (hereinafter “Smith”), unopposed, was elected as the Democratic nominee. Respondent (hereinafter “Steinmetz”), also unopposed, was elected as the Republican nominee. On September 30, 1980, Steinmetz filed a petition seeking to prevent Smith’s name from appearing on the No*158vember general election ballot. On October 15, 1980, the trial court entered a Decree of Prohibition…