State ex rel. Thomas v. Williams
Supreme Court of Missouri
Mandamus. (1) Relator was duly elected marshal, and it is the mere ministerial duty of the recorder of voters to issue to him a certificate of election; failing to perform such duty, as an officer, mandamus is the only remedy of relator.
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Mandamus. (1) Relator was duly elected marshal, and it is the mere ministerial duty of the recorder of voters to issue to him a certificate of election; failing to perform such duty, as an officer, mandamus is the only remedy of relator. State ex rel. v. Steers, 44 Mo. 224; State ex rel. v. Berg, 76 Mo. 147; State ex rel. v. Harrison, 38 Mo. 544; State ex rel. v. ATbin, 44 Mo. 346. (2) The qualifications of relator to take and hold the office cannot be inquired into in this proceeding. Authorities, supra. (3) Relator possesses all the qualifications required by the provisions of section 10,…
1Opinion of the CourtSherwood, J.
This is an original proceeding by mandamus to compel the recorder of voters to issue a certificate of election to. EmiL Thomas, the relator, who claims to have been elected marshal of the city of St. Louis, by reason of being qualified for that office, and by reason of having received the highest number of votes therefor, at an election held on the second day of April, 1889.
The first return of the respondent, while it “ admits that said relator, at such election, received a maj ority of the votes cast at said election for said office,” yet further states that “ whether relator possessed the…
2Cases cited13 opinions
- People ex rel. Grinnell v. HoffmanIllinois Supreme Court · 1886
- State ex rel. Schuet v. MurrayWisconsin Supreme Court · 1871
- Breckinridge v. American Central InsuranceSupreme Court of Missouri · 1885
- State v. ButtsSupreme Court of Kansas · 1884
- Lenox v. HarrisonSupreme Court of Missouri · 1885
8 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State Ex Inf. Hensley v. YoungSupreme Court of Missouri · 2012
- State ex rel. Porter v. HudsonSupreme Court of Missouri · 1910
- State ex rel. Crandall v. McIntoshSupreme Court of Missouri · 1907
- State ex rel. Hilleman v. FortSupreme Court of Missouri · 1904
- State ex rel. Bennett v. SameWyoming Supreme Court · 1892
12 more not listed; retrieve them via the Exa API.