Turner v. Drake

Citation71 Mo. 285
PartiesTURNER, Appellant, v. DRAKE.
Decision Date31 October 1879
CourtUnited States State Supreme Court of Missouri

Appeal from Carroll Circuit Court.--HON. E. J. BROADDUS, Judge.

AFFIRMED.

L. H. Waters and Hale & Eads for appellant.

The record shows that there was a democratic State and county ticket and a greenback county ticket upon which no names appeared as candidates for treasurer and prosecuting attorney. The names of two gentlemen who were independent candidates for those offices were printed upon the ballots in question, with the word “independent” opposite each name. This nondescript was tacked to the state republican ticket, and over all was the caption ““republican,” “independent,” “greenback.” Did that caption “express the political character of the ballot?” The state ticket was republican, the county ticket was not. The county ticket was greenback, the state ticket was not. The use of the name “republican' in the caption was clearly without authority.

R D Ray and M C Shewalter for respondent.

NORTON, J.

This is a proceeding instituted in the county court of Carroll county, contesting the election of defendant as recorder of deeds of said county. The county court quashed the notice of contest on the motion of defendant, from which action plaintiff appealed to the circuit court, where, upon a trial de novo, judgment was rendered for defendant, the notice of contest quashed and the proceeding dismissed, from which plaintiff has appealed to this court.

The only ground for contest alleged in the notice is that all the ballots cast for defendant at the election which was held on the 5th day of November, 1878, were fraudulent and void, because the caption of said ballots contained the words: “Republican, Independent, Greenback.” The following is the form of the ballot as to State and county officers: “Republican, Independent, Greenback-- Supreme Judge, Alexander F. Denny; Superintendent of Public Instruction, Roderick Baldwin; Register of Lands, Wm. N. Norville; Railroad Commissioner, John P. Tracy; for Congress, ______________. County ticket--Representative, Thomas H. Ballew; Circuit Clerk, Joseph H. Oatman; County Clerk, Josiah Farrington; Recorder of Deeds, James E. Drake; Sheriff, Charles A. Scott; Collector, Henry B. Turpin; Treasurer, (Independent,) J S. Plunkett; Assessor, George Vaughn; Judge at Large, Wm. A. Prosser; Judge, Eastern District, William Kimble; Judge, Western District, William Renzleman; Prosecuting Attorney, (Indep ndent,) T. J. Whiteman, Coroner, Dr. John Logan.”

The claim that the ballots cast for defendant, of which the foregoing is a type, were fraudulent and void, is based upon section 1, Acts of 1875, page 51, which is as follows: “Each ballot may bear a plain written or printed caption thereon, composed of not more than three words, expressing its political character, but on all such ballots the said caption, or head lines, shall not, in any manner, be designed to mislead the voter as to the name or names thereunder. Any ballot not...

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11 cases
  • State ex rel. Fahrman v. Ross
    • United States
    • Missouri Court of Appeals
    • 8 Enero 1912
    ...422; People v. Hanson, 150 Ill. 122, 36 N.E. 998, 37 N.E. 580; State v. Swearington, 128 Mo.App. 613; Gumm v. Hubbard, 97 Mo. 311; Turner v. Drake, 71 Mo. 285; Shields McGregor, 91 Mo. 534. (8) The result of the pretended local option election was not entered upon the records of the city co......
  • Donnell v. Lee
    • United States
    • Missouri Court of Appeals
    • 23 Diciembre 1902
    ...It is not in the province of an appellate court to determine disputes in doubtful questions of fact in contested election cases. Turner v. Drake, 71 Mo. 285; Gunn Hubbard, 97 Mo. 311. But it will, as in a law case, adopt the findings of the trier or triers of the issues of fact when there i......
  • Lankford v. Gebhart
    • United States
    • Missouri Supreme Court
    • 19 Noviembre 1895
    ...is not the province of the court to determine disputed questions of fact in contested election cases. Gumm v. Hubbard, 97 Mo. 321; Turner v. Drake, 71 Mo. 285; Gillispie v. Stone, 43 Mo. 351; Steinburg Gebhardt, 41 Mo. 521; Blumenthal v. Torini, 40 Mo. 159. (7) The vote of Albert Cornelius ......
  • Donnell v. Lee
    • United States
    • Missouri Court of Appeals
    • 23 Diciembre 1902
    ...1. It is not the province of an appellate court to determine disputes in doubtful questions of fact in contested election cases. Turner v. Drake, 71 Mo. 285; Gumm v. Hubbard, 97 Mo. 311, 11 S. W. 61, 10 Am. St. Rep. 312. But it will, as in a law case, adopt the findings of the trier or trie......
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