Blodgett v. Clarke, 31377.
| Court | United States State Supreme Court of Iowa |
| Writing for the Court | PER CURIAM. |
| Citation | 177 Iowa 575,159 N.W. 243 |
| Parties | BLODGETT v. CLARKE ET AL. |
| Docket Number | No. 31377.,31377. |
| Decision Date | 28 September 1916 |
BLODGETT
v.
CLARKE ET AL.
No. 31377.a1
Supreme Court of Iowa.
Sept. 28, 1916.
Appeal from District Court, Polk County; Hubert Utterback, Judge.
The plaintiff alleged in his petition that the defendants constituted the executive council, W. S. Allen being secretary of state; that at the primary election on June 5, 1915, the electors voted to nominate four candidates for the office of judge of the Supreme Court; that the returns disclosed that the plaintiff received 14 votes more than any person voted for as candidate other than H. E. Deemer, W. D. Evans, and Wm. Theophilus; that on July 13, 1916, plaintiff demanded in writing that the executive council certify to the number of votes received by plaintiff for said office, and that a certificate of nomination be issued by the secretary of state to the plaintiff as one of the candidates duly nominated; that the defendants refused said certificates; and he prayed that a peremptory order of mandamus be issued commanding defendants forthwith to determine what person was selected as the fourth candidate and to issue him a certificate of nomination accordingly. By way of amendment to the petition the plaintiff alleged that he is a qualified elector, and has never been convicted of an infamous crime, but that by virtue of the void judgment returned by the court without jurisdiction plaintiff was illegally imprisoned in the penitentiaries of Iowa for three years and nine months, thereby serving an unlawful sentence of five years; “that plaintiff was tried and acquitted upon an indictment charging him ‘with intent to defraud’ by one certain use of one certain written instrument; that thereafter the same act of his mind (his one intention) was again charged to have been an ‘intent to defraud,’ and, by the fraudulent act of the presiding judge at the second trial of the one question of intent (the only question of fact litigated in both trials) the second jury was deceived by being deprived of an opportunity to examine certain letters that the honorable district court judge, William D. Evans, as presiding judge when plaintiff was acquitted, had decided to be competent, relevant, and material evidence upon the question of intent, and the jury rendered a verdict of guilty in accordance with the partial evidence by which they were by the oaths bound to be controlled; that the making of the written instrument and the uttering of it were each done by the plaintiff with the sole intention to...
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Griffin v. Pate, 15–1661.
...with a case for the first time that addressed the concept of infamous crimes in the context of qualified electors. In Blodgett v. Clarke, 177 Iowa 575, 578, 159 N.W. 243, 244 (1916) (per curiam), overruled by Chiodo, 846 N.W.2d at 852, we were required to decide if forgery was an infamous c......
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Chiodo v. Section 43.24 Panel Consisting of Sec'y of State Matthew Schultz, 14–0553.
...is an infamous crime.” State ex rel. Dean v. Haubrich, 248 Iowa 978, 980, 83 N.W.2d 451, 452 (1957); accord Blodgett v. Clarke, 177 Iowa 575, 578, 159 N.W. 243, 244 (1916) (per curiam); see also Flannagan v. Jepson, 177 Iowa 393, 399–400, 158 N.W. 641, 643 (1916). If this definition is appl......
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Chiodo v. Schultz, 14-0553
...is an infamous crime." State ex rel. Dean v. Haubrich, 248 Iowa 978, 980, 83 N.W.2d 451, 452 (1957); accord Blodgett v. Clarke, 177 Iowa 575, 578, 159 N.W. 243, 244 (1916) (per curiam); see also Flannagan v. Jepson, 177 Iowa 393, 399-400, 158 N.W. 641, 643 (1916).Page 7 If this definition i......
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George W. Cable Co. v. Israel, 30823.
...goes to the place of partnership business for the purpose of making such levy with authority to take temporary possession of the goods, [159 N.W. 243]he is met with a request not to lock the store and interrupt the business, but to accept an inventory to be made by the parties themselves, a......
-
Griffin v. Pate, 15–1661.
...with a case for the first time that addressed the concept of infamous crimes in the context of qualified electors. In Blodgett v. Clarke, 177 Iowa 575, 578, 159 N.W. 243, 244 (1916) (per curiam), overruled by Chiodo, 846 N.W.2d at 852, we were required to decide if forgery was an infamous c......
-
Chiodo v. Section 43.24 Panel Consisting of Sec'y of State Matthew Schultz, 14–0553.
...is an infamous crime.” State ex rel. Dean v. Haubrich, 248 Iowa 978, 980, 83 N.W.2d 451, 452 (1957); accord Blodgett v. Clarke, 177 Iowa 575, 578, 159 N.W. 243, 244 (1916) (per curiam); see also Flannagan v. Jepson, 177 Iowa 393, 399–400, 158 N.W. 641, 643 (1916). If this definition is appl......
-
Chiodo v. Schultz, 14-0553
...is an infamous crime." State ex rel. Dean v. Haubrich, 248 Iowa 978, 980, 83 N.W.2d 451, 452 (1957); accord Blodgett v. Clarke, 177 Iowa 575, 578, 159 N.W. 243, 244 (1916) (per curiam); see also Flannagan v. Jepson, 177 Iowa 393, 399-400, 158 N.W. 641, 643 (1916).Page 7 If this definition i......
-
George W. Cable Co. v. Israel, 30823
...of partnership business for the purpose [177 Iowa 582] of making such levy, with authority to take temporary possession of the goods, [159 N.W. 243] he is met with a request not to lock the store and interrupt the business, but to accept an inventory to be made by the parties themselves, an......