Sone v. Williams
Supreme Court of Missouri
Appeal from Cole Circuit Court. — A. M. Hough, Esq., Special Judge. (1) The motion to quash the notice of contestor should have been sustained. While the statute does not require any formal pleading the notice ought to be ■sufficient to give the court jurisdiction, and to show that the contestant is entitled to the relief sought. The notice supplies the place of both the petition and summons in an ordinary civil suit.
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Appeal from Cole Circuit Court. — A. M. Hough, Esq., Special Judge. (1) The motion to quash the notice of contestor should have been sustained. While the statute does not require any formal pleading the notice ought to be ■sufficient to give the court jurisdiction, and to show that the contestant is entitled to the relief sought. The notice supplies the place of both the petition and summons in an ordinary civil suit. State ex rel. v. Smith, .104 Mo. 667; Whitney v. Blackman, 17 Ore. 564; Canton v. By an, 26 Pac. Rep. 258; Virgil v. Brandt, 4 N. M. 374; Gumm v. Hubbard, 97 Mo. 312. (2) There…
1Opinion of the CourtGAntt, P. J.
This is an appeal from the judgment of the circuit court of Cole county in a contested election for the office of sheriff of said county.
At the general election held on November 6, 1894, Charles F. Williams and Samuel H. Sone were candidates for the office of sheriff. On the face of the returns as cast up and certified by the judges of election in the several precincts Charles F. Williams, the contestee, received a majority of thirteen votes.
On November 14, 1894, contestant Samuel Sone served the contestee with a notice of contest setting forth in substance that the election judges in the…
2Cases cited5 opinions
- Hudson v. SolomonSupreme Court of Kansas · 1877
- People Ex Rel. Dailey v. . LivingstonNew York Court of Appeals · 1879
- Ex parte ArnoldSupreme Court of Missouri · 1895
- Ex parte BrownCalifornia Supreme Court · 1892
- Coglan v. BeardCalifornia Supreme Court · 1885
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