Shields v. McGregor
Supreme Court of Missouri
Appeal from, Vernon Circuit Court. — Hosn. C. G. Burton, Judge. (1) A cause cannot be tried and adjudicated upon its merits until the evidence is taken upon the whole case. Lewis v. BcJiwenn, 2 S. W. Rep. 392. (2) A false statement in the caption of a ballot, as to the political character of a candidate named thereunder for an office, vitiates the ballot, and it should not be counted.
Read the full summary
Appeal from, Vernon Circuit Court. — Hosn. C. G. Burton, Judge. (1) A cause cannot be tried and adjudicated upon its merits until the evidence is taken upon the whole case. Lewis v. BcJiwenn, 2 S. W. Rep. 392. (2) A false statement in the caption of a ballot, as to the political character of a candidate named thereunder for an office, vitiates the ballot, and it should not be counted. R. S., sec. 5493. (3) In arriving at a conclusion, as to whether a ballot is designed to mislead any voter, the surrounding circumstances, and the customs of political parties and voters, opinions of competent…
1Opinion of the CourtBlack, J.
Mr. Shields, who is the plaintiff or eon-testor and the appellant here, and Mr. McGregor, were the candidates, and the only candidates, for judge óf the fifteenth judicial circuit, at the general election held on the second of November, 1886. The circuit is composed of the counties of Lawrence, Newton, Jasper, and McDonald. In the entire circuit the defendant receivéd, and there were counted for him, sixty-eight more votes than were cast or counted for the plaintiff. Mr. Shields contested the election, and this is an appeal from a judgment adverse to him.
The main controversy in the case…
2Cited by6 opinions
- State ex rel. Wells v. HoughSupreme Court of Missouri · 1906
- State ex rel. Clark v. SmithSupreme Court of Missouri · 1891
- Nash v. CraigSupreme Court of Missouri · 1896
- State ex rel. Law v. SaxonSupreme Court of Florida · 1892
- Brown v. Union Railway Co.Missouri Court of Appeals · 1892
1 more not listed; retrieve them via the Exa API.