State ex rel. Steadley v. Stuckey
Missouri Court of Appeals
Original Proceeding by Mandamus. (1) In canvassing the election returns, and in casting up the votes given to each candidate, the county clerk and justices of the peace act in a ministerial capacity. They have no right to disregard any returns lawfully made, nor to go behind the returns certified by the judges and clerks of election.
Read the full summary
Original Proceeding by Mandamus. (1) In canvassing the election returns, and in casting up the votes given to each candidate, the county clerk and justices of the peace act in a ministerial capacity. They have no right to disregard any returns lawfully made, nor to go behind the returns certified by the judges and clerks of election. If the judges and clerks have made mistakes in receiving and casting up the votes and certifying to the same, the error can only be corrected by the tribunal authorized to determine contested elections. Mayo v. Ereeland, 10 Mo. 630; State ex rel. v. Trigg, 72 Mo.…
1Opinion of the CourtEllison, J.
An. alternative writ of mandamus was issued in vacation by one of the judges of this court, returnable to the court in session. Return has been made by respondents and the cause heard by the court. Relator and John M. Malang, were candidates at the regular election in 1898, for the office of the recorder of deeds for the county of Jasper. Respondents are the canvassing board, composed of Stuckey, as county clerk, .and McAdams and Tyree as justices of the peace of said county.
Relator claims that in the third ward voting precinct in Webb City, in Joplin township in said county, at such…
2Cases cited9 opinions
- Bowen v. HixonSupreme Court of Missouri · 1870
- State ex rel. Thomas v. WilliamsSupreme Court of Missouri · 1889
- State ex rel. Doud v. LesueurSupreme Court of Missouri · 1896
- State ex rel. Snyder v. NewmanSupreme Court of Missouri · 1886
- Rice v. Board of CanvassersSupreme Court of Kansas · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State Ex Rel. Daugherty v. County Court of Lincoln CountyWest Virginia Supreme Court · 1944
- State Ex Rel. Donnell v. OsbornSupreme Court of Missouri · 1941
- State Ex Rel. Hand v. BilyeuMissouri Court of Appeals · 1961
- Webb v. StrobachMissouri Court of Appeals · 1910
- State Ex Rel. Thompson v. JonesSupreme Court of Missouri · 1931
4 more not listed; retrieve them via the Exa API.