# State Ex Rel. Ellis v. Brown

> Supreme Court of Missouri · October 17, 1930 · 326 Mo. 637

URL: https://www.frixlaw.com/law-library/cases/3525080

## Case

- **Full name:** The State Ex Rel. Edgar C. Ellis v. Darius A. Brown, Judge of Circuit Court
- **Court:** Supreme Court of Missouri
- **Decided:** October 17, 1930
- **Citations:** 326 Mo. 637; 33 S.W.2d 109; 1930 Mo. LEXIS 727
- **Precedential status:** Published
- **Opinion:** Dissent by Atwood
- **Judges:** Ragland, Gantt, Walker, White, Blair, Frank, Ahuood, Atwood
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3525080

## Opinion text

ATWOOD, J.
(dissenting). — The reasons suggested in my dissenting opinion filed in the companion case of State ex rel. Ellis v. Brown, 326 Mo. 627 , 33 S. W. (2d) 104 , apply to the construction given by the majority opinion herein to Section 29 of the same act.
The majority opinion in this case further suggests that if the provisions of this section are construed as mandatory some honest voters may be disfranchised. In State ex rel. v. Mason, 155 Mo. 486 , we upheld a more stringent provision requiring voters to reside twenty days in the precinct before voting. Whether or not the contemplated benefits of the statute outweigh possible hardships thereunder is a matter for legislative rather than judicial determination.
I respectfully dissent.
Blair
and
Frank, JJ.,
concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3525080. Public record. Not legal advice.