STATE v. SCHMOUTEY

No. 8675.

418 S.W.2d 385 (1967)

STATE of Missouri ex rel. William R. "Bill" NICHOLS, Relator-Appellant, v. Preston S. SCHMOUTEY, Laclede County Clerk, Defendant-Respondent.

Springfield Court of Appeals, Missouri.

Motion for Rehearing or to Transfer Denied August 30, 1967.

Application to Transfer Denied October 9, 1967.


Attorney(s) appearing for the Case

H. Dean Whipple, J. W. Grossenheider, Lebanon, for relator-appellant.

Low & Honssinger, Lebanon, for defendant-respondent.


Motion for Rehearing or to Transfer Denied to Supreme Court August 30, 1967.

L. F. COTTEY, Special Judge.

In form, this is a proceeding in mandamus; but in substance and object it is so clearly an election contest that we wonder at its being brought up in this fashion. It is an old and settled rule that mandamus cannot be employed to accomplish the purpose of an election contest. Barnes v. Gottschalk, 3 Mo.App. 111, 120; State ex rel. and to Use of Averill...

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