Green v. Owen

Plaintiff filed notice to contest the election of defendant to the office of city attorney of the city of Marceline, in Linn county, Missouri. The defendant presented a general demurrer to the notice, which the court sustained, and plaintiff refusing to plead further, the trial court entered an order dismissing the cause. Plaintiff was allowed an appeal therefrom to the Supreme Court. The Supreme Court transferred the cause to this court because it was without appellate jurisdiction.

The notice of contest fills the office of a petition and, therefore, must, in order to confer jurisdiction,…