Section 115.551

Title IX SUFFRAGE AND ELECTIONS

Chapter 115

Effective - 01 Jan 1978, see footnote   

  115.551.  Appeal, how taken. — Either party to the contest may appeal the judgment of the circuit court to the court of appeals of the appropriate jurisdiction, who shall give the case preference in the order of hearing to all other cases, modify its rules to the extent necessary in order to conclude the appeal as many days prior to the general election as possible and hear the case in the manner of appeals of cases in equity.  The practice and procedure prescribed in civil actions shall be followed in all respects not inconsistent with the provisions of sections 115.527 to 115.551.  In every case of such appeal, a bond with sufficient sureties conditioned for the payment of the costs accrued and to accrue in the cause may be required by any court in which the case is^* pending.

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(L. 1977 H.B. 101 § 13.060)

Effective 1-01-78

*Word "in" appears in original rolls.

(1979) There is no doubt the legislature in the comprehensive Election Act intended primary election contests to be fully decided prior to the general election. Edwards v. Kelly (A.), 578 S.W.2d 357.

(1980) Legislative intent in Election Act was that primary election contests be fully decided prior to general election.  Black v. Bockenkamp (A.), 607 S.W.2d 176.