Everett v. Smith

• Decision Date: 10 July 1875
• Citation: 22 Minn. 53
• Parties: REDDEN H. EVERETT <I>vs.</I> EDSON R. SMITH.
• Court: Minnesota Supreme Court

22 Minn. 53

REDDEN H. EVERETTvs.EDSON R. SMITH.

Supreme Court of Minnesota.

July 10, 1875.

Pursuant to an act of the legislature, the question of the removal of the county seat of Le Sueur county from the town of Le Sueur to the village of Cleveland was submitted to the vote of the electors of the county, at the general election held November 3, 1874. The county board of canvassers having canvassed the vote, and declared the result to be

against the removal, the plaintiff filed a notice of contest, (which was allowed to stand as a complaint,) alleging, among other things, that the whole number of votes cast at the election in the county was 2,490; the number of votes cast in favor of the removal, 1,289, and the number against removal, 1,170.

The county commissioners having failed to appear and defend the contest, the defendant obtained leave of the court to appear and defend, and filed an answer averring that the number of legally registered electors in the county was 2,782, and that on the day of the election there were over 300 legal voters in the county who were not registered and did not vote, and admitting that the whole number of votes polled at the election was 2,499, and that the vote upon the removal was 1,289 for, and 1,170 against. A demurrer to this answer was overruled by the district court for Le Sueur county, Chatfield, J., presiding, and plaintiff appealed.

M. J. Severance, L. M. Brown, and Horace Austin, for appellant.

Gilman, Clough & Lane, for respondent.

BERRY, J.

Section 1, art. 11, of the constitution of this state...