Blake v. Hogan

• Decision Date: 20 April 1894
• Docket Number: 8614
• Citation: 58 N.W. 867,57 Minn. 45
• Parties: Henry G. Blake v. John A. Hogan
• Court: Minnesota Supreme Court

58 N.W. 867

57 Minn. 45

Henry G. Blake v. John A. Hogan

No. 8614

Supreme Court of Minnesota

April 20, 1894

Submitted on briefs April 3, 1894.

Appeal by contestant, Henry G. Blake, from an order of the District Court of Ramsey County, J. J. Egan, J., made November 4 1893, denying his motion for a new trial.

At a general election held in Ramsey CountyNovember 8, 1892Henry G. Blake(Republican) and John A. Hogan(Democrat) were candidates for the office of county superintendent of schools for that county excluding the city of St. Paul.The board of canvassers on November 22, 1892, declared Hogan duly elected.Blake gave notice of contest pursuant to Laws 1891, ch. 4 § 95, and the matter was on January 27, 1893, heard and tried in the District Court of Ramsey County in the manner that civil actions are tried by the court without a jury.At the close of the testimony offered by the contestantthe court on motion dismissed the proceeding on the ground that the evidence did not sustain the allegations of the notice of contest.A case containing all the evidence given was made settled, signed and filed and upon it and the records and files the contestant moved for a new trial.The court denied the motion and he appealed.

Order affirmed.

F. W. Zollman, for appellant.

C. D. & Thos.D. O'Brien, for respondent.

OPINION

Collins, J.

To succeed in this contest on the grounds taken by counsel for contestant in the court below and also in this court, it was incumbent upon him to show upon the trial that of the votes cast and counted for the contestee, respondent here, in the town of Mounds View, forty-two were unlawfully and illegally cast and counted.The proofs must have been of such weight and character as to have justified the trial court in deducting forty-two from the total number of votes received by the contestee, as that number was finally determined upon on an inspection and examination of the ballots involved, in accordance with the provisions of Laws 1891, ch. 4, § 96.Upon a perusal of the testimony, we are satisfied that it failed in this respect, and that the proceeding was properly dismissed by the court below.

The contestant attempted to show that forty-six of the votes cast and counted in the town before mentioned for the contestee were unlawfully and illegally so cast and counted.His counsel really admits that as to three of these the proof was short, and, upon a careful perusal...