115.597. Appeal from circuit court decisions allowed, procedure for. — In all cases of contested elections, except contested elections heard by the supreme court or the state senate or house of representatives, the right of appeal shall exist, and appeals may be taken in the same time or manner and to the same courts as is provided by law for appeals in cases in equity. The practice and procedure prescribed in civil actions shall be followed in all respects not inconsistent with the provisions of sections 115.553 to 115.583. Upon the filing of any such appeal, the court shall give the case preference in the order of hearing to all other cases and modify its rules to the extent necessary to conclude the appeal as quickly as possible. 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.
Notes of Decisions
Clay Chastain & Vincent Lee v. Sylvester James, 463 S.W.3d 811 (Mo. Ct. App. 2015).
· cites it 2× “section 115.597 (addressing the right of appeal "[i]n all cases of contested elections,” but which is nonetheless limited to election contests described in sections 115.”
Clark v. City of Trenton, 591 S.W.2d 257 (Mo. Ct. App. 1979).
· cites it 2× “-581, supra, as to the celerity with which election contests must be heard at the trial court level, and Section 115.597, supra, as to the dispositional priority of election contests on appeal.”
State ex rel. Nixon v. Belt, 873 S.W.2d 644 (Mo. Ct. App. 1994).
· cites it 2× “The Court then concluded there was no basis for contempt proceedings. The order on rehearing in no way diminished the Court’s holding in the main opinion that the injunction was prohibitory and thus not stayed pending appeal.”
Williams v. Hensley, 943 S.W.2d 244 (Mo. Ct. App. 1997).
· cites it 3× “Section 115.597 RSMo 1994. Candidate Williams petitioned for an order declaring candidate Hensley not qualified to seek or hold the office of Mayor of Velda City.”
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