State ex rel. Francis v. Dillon
Supreme Court of Missouri
Prohibition. (1) The general assembly has made no provision for contesting elections to municipal offices. (2) If Revised Statutes, section 5528, was intended to apply to-contests for municipal offices in the city of St. Louis, it is unconstitutional. Const., art. 8, sec. 9. (3) Assuming that the office of mayor is a “county office,” still the circuit court cannot hear a contest of relator’s right to hold the office, as no sufficient notice of contest was served.
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Prohibition. (1) The general assembly has made no provision for contesting elections to municipal offices. (2) If Revised Statutes, section 5528, was intended to apply to-contests for municipal offices in the city of St. Louis, it is unconstitutional. Const., art. 8, sec. 9. (3) Assuming that the office of mayor is a “county office,” still the circuit court cannot hear a contest of relator’s right to hold the office, as no sufficient notice of contest was served. Section 5528, Revised Statutes, 1879, provides that “no election of any county or township officers shall be contested, unless…
1Opinion of the CourtBlack, J.
Mr. Francis received a certificate of election for the office of mayor of the city of St. Louis, .at the April election, 1885. Mr. Ewing seeks to contest that election. The question presented for decision by this application for a writ of' prohibition is, has the St. Louis circuit court jurisdiction to hear and determine election contests for that office %
Section nine of article eight of the constitution, is as follows : “ The trial and determination of contested elections of all public officers, whether state, judicial, municipal or local, except governor and lieutenant governor, shall be by…
2Cases cited1 opinion
- Ewing v. HoblitzelleSupreme Court of Missouri · 1884
3Cited by14 opinions
- State ex rel. Walker v. BusSupreme Court of Missouri · 1896
- State Ex Rel. Wahl v. SpeerSupreme Court of Missouri · 1920
- State ex rel. Brown v. KleinSupreme Court of Missouri · 1893
- Kehr v. City of ColumbiaMissouri Court of Appeals · 1909
- State v. GammaMissouri Court of Appeals · 1910
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