McGowan v. Gardner
Missouri Court of Appeals
Appeal from Knox Circuit Court. — Hon. Chas. D, Stewart, Judge. (1) The petition does not state facts sufficient to constitute a cause of action.
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Appeal from Knox Circuit Court. — Hon. Chas. D, Stewart, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. Blair v. Ridgley, 41 Mo. 182; Curry v. Cablis, 37 Mo. 130; Murphy v. Ramsey, 114 U. S. 55; Blanchard v. Stearns, 5 Mete. 298. (2) The averments that he was legally qualified to vote, all of which was known to defendants, and that they wilfully, maliciously and wrongfully refused to permit him to vote, are all legal conclusions and not warranted by facts stated. Curry v. Cablis, 37 Mo. 330 ; Bláir v. Ridgley, 41 Mo. 182; Murphy v. Ramsey, 114 U. S.…
1Opinion of the CourtAllen, J.
— This action was begun in the circuit court of Adair county. A change of venue was granted to the circuit court of Knox county, where the cause was tried before the court and a jury, resulting in a verdict and judgment for plaintiff for the sum of one dollar, and the defendants appeal.
The petition alleges that on Tuesday, April 2, 1912, plaintiff “was a male citizen of the United States, over the age of twenty-one years, and had on said day resided in this State and in the fourth ward of the city of Kirksville, in Adair county, Missouri, more than one year, immediately preceding the election…
2Cases cited4 opinions
- Murphy v. RamseySupreme Court of the United States · 1885
- Blair v. RidgelySupreme Court of Missouri · 1867
- Gorham v. City of New HavenSupreme Court of Connecticut · 1907
- Curry v. CablissSupreme Court of Missouri · 1866
3Cited by8 opinions
- State Ex Rel. Wahl v. SpeerSupreme Court of Missouri · 1920
- State Ex Rel. City of Clarence v. DrainSupreme Court of Missouri · 1934
- Boney v. SimsSupreme Court of Missouri · 1924
- Long v. Consolidated School District No. 7Supreme Court of Missouri · 1932
- State Ex Rel. Richardson v. BaldrySupreme Court of Missouri · 1932
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