State ex rel. Herget v. Walsh
Missouri Court of Appeals
Application for mandamus. Qulick v. New, 14 Ind. 93; The State ex rel. v. Boal, 46 Mo. 528 ; 53 Mo. 114; 50 N. Y. 451; 4 Brews. 454; Bright. 126; L. R. 3 Q. B.629. 1 Wag. Stats. 569, sects. 25, 32; Cooley’s Const. Lim. 620; Dill, on Mun. Corp., sect. 135 ; McCrary on Elec., sects. 231-235 ; The People v. Molliter, 23 Mich. 341; The State v. Smith, 14 Wis. 497 ; The State v. Vail, 53 Mo. 115 ; The Commonwealth v. Cluley, 56 Pa.
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Application for mandamus. Qulick v. New, 14 Ind. 93; The State ex rel. v. Boal, 46 Mo. 528 ; 53 Mo. 114; 50 N. Y. 451; 4 Brews. 454; Bright. 126; L. R. 3 Q. B.629. 1 Wag. Stats. 569, sects. 25, 32; Cooley’s Const. Lim. 620; Dill, on Mun. Corp., sect. 135 ; McCrary on Elec., sects. 231-235 ; The People v. Molliter, 23 Mich. 341; The State v. Smith, 14 Wis. 497 ; The State v. Vail, 53 Mo. 115 ; The Commonwealth v. Cluley, 56 Pa. St. 270; The People v. Glute, 50 N. Y. 451; 3 Cent. L. J. 781.
1Opinion of the CourtHayden, J.
The question presented by this case would have been more properly raised by demurrer to the petition for mandamus, instead of, as at present, by demurrer to the reply to the return. This is, however, immaterial, as the view we take disposes of the whole case. The essential facts are that, at the election of April 1, 1879, the relator was a candidate for member of the House of Delegates of the *143Municipal Assembly of the City of St. Louis from the Twenty-second Ward ; that the only other candidate was Eugene Miltenberger, who died about three hours before the opening of the polls. The allegation…
2Cases cited3 opinions
- The People Ex Rel. Furman v. . CluteNew York Court of Appeals · 1872
- Gulick v. NewIndiana Supreme Court · 1860
- Price v. BakerIndiana Supreme Court · 1873
3Cited by10 opinions
- Sheridan v. City of St. LouisSupreme Court of Missouri · 1904
- Madden v. Board of Election CommissionersMassachusetts Supreme Judicial Court · 1925
- Patten v. HaseltonSupreme Court of Iowa · 1914
- Tellez v. Superior Court in and for County of PimaArizona Supreme Court · 1969
- State ex rel. Cleveland v. StacySupreme Court of Alabama · 1955
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