State ex rel. Garesche v. Drabelle

• Decision Date: 02 June 1914
• Docket Number: No. 18097.,18097.
• Parties: STATE ex rel. GARESCHE v. DRABELLE et al., Board of Election Com'rs.
• Court: Missouri Supreme Court

167 S.W. 1016

258 Mo. 568

STATE ex rel. GARESCHE v. DRABELLE et al., Board of Election Com'rs.

No. 18097.

Supreme Court of Missouri.

June 2, 1914.

In Banc. Mandamus by the State, on the relation of Vital W. Garesche, against John W. Drabelle and others, as members of the Board of Election Commissioners of the City of St. Louis. Peremptory writ denied.

Spencer & Donnell and George B. Webster, both of St. Louis, for relator. John T. Barker, Atty. Gen., and W. T. Rutherford, Asst. Atty. Gen. (Marion C. Early, of St. Louis, of counsel), for respondents.

FARIS, J.

This is a companion case to that of State ex rel. Garesche v. Roach, 167 S. W. 1008, decided at this sitting. Respondents herein compose the board of election commissioners of the city of St. Louis; otherwise, the facts in the two cases are precisely similar.

For the reasons set out in the Roach Case, supra, it follows that the peremptory writ of mandamus prayed for herein should be denied. It is so ordered.

WOODSON, BROWN, and WALKER, JJ., concur. LAMM, C. J., and GRAVES, J., concur, as marked in the Roach Case. BOND, J., dissents, as marked in Roach Case.