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195 Mo. App. 104

Goben v. Murrell

Missouri Court of Appeals

Decided December 18, 1916

Missouri Court of Appeals · decided 1916-12-18

<p>1. ELECTION: Agreed Statement of Facts: Support of Judgment. An agreed statement of facts is like a special verdict and it must contain every essential element, without any omission, to support the judgment.</p> <p>2. -: Judgment for Respondent. If in a case submitted on an agreed statement of facts judgment has been rendered against complaining party and he appeals, he must be supported by such statement clearly and unequivocally on every essential in his case; otherwise, the judgment should be for the respondent.</p> <p>3. ELECTIONS: Student Voter: Presumption. Students who have been allowed to vote by election officers will be presumed to be legal voters in a contested election.</p> <p>4. -: -: Intention: Evidence. A student attending school away from his home may by proper intention become a voter in the town or city where the school is located. Though his declaration or oath is” not conclusive as to such intention.</p> <p>5. -: Election Contest: Onus. In an election contest the onus is on the contestant to show that a student voter was not legally qualified to vote. ,</p> <p>6. -: Purpose: Intention to Leave. A person who leaves his home and resides in a town or city for the sole purpose of attending school there for three years, intending to leave at the expiration of that time and take up la residence elsewhere, is not a legal voter in such town or city.</p> <p>7. -: Gain and Loss of Residence: Evidence. Under the election law of Missouri a student neither gains nor loses a residence by attending school at some other place than his home; and while he may become a resident of such place, his intention to do so should be evidenced by something more than his mere physical stay in the place.</p>

Good law ✅— No negative treatment on recordhow we know

Eeversed and remanded (with directions) · Decided 1916-12-18

How this case has been cited

Cited by 7 later decisions — most recently September 1963

7 state decisions

40191619201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1ON MOTION FOR REHEARING.

¶2The chief matter set out as ground for a rehearing is based on the statement that the appealing contestant did not properly abstract the notice of contest; and that is the only point in the motion for rehearing we care to refer to. He did abstract the fact - that he duly served the contestee on the 22nd of April, 1916, with a copy of the written notice of contest and of his filing such notice in the circuit court. And all other matters are duly abstracted, including the motion for *111new trial, the rendition of judgment for the eontestee and the proper steps for the appeal taken. The particular objection is that the different specifications of the notice are not propérly stated.

¶3The bill of exceptions is then duly abstracted showing tha.t the parties appeared before the trial court and submitted to that court, as embodying the entire case of each, an agreed statement of facts. That this agreed statement contained the following clause: “It is further agreed that if -the court finds the above-mentioned persons to be qualified voters, judgment for eontestee shall be entered, but if the court finds said persons were not qualified voters judgment shall go for contestant as well as judgment of ouster against eontestee. ’ ’

¶4In view of the foregoing we think the abstract was full enough. The abstract presented and the briefs and argument for each party discloses that the notice of contest was duly given and filed with the circuit court, and that no point was made against its legal sufficiency in any particular.

¶5The abstract shows that judgment should be rendered on the agreed statement. All this is duly 'certified by the trial court and under our rule 19, as to agreed statements, is amply sufficient for contestant’s case.

¶6But, passing by the foregoing, we allowed contestant to file a supplemental abstract, embodying a full copy of the notice of contest, several days prior to the day the cause was docketed for hearing.

¶7The motion should be overruled.

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