Goree v. Cahill
Decision Date | 16 November 1912 |
Docket Number | Case Number: 3963 |
Citation | 35 Okla. 42,1912 OK 706,128 P. 124 |
Parties | GOREE et al. v. CAHILL et al. |
Court | Oklahoma Supreme Court |
¶0 1. ELECTIONS--Validity--Place of Holding. The requirements of the law relative to the place of holding an election are generally held mandatory, and an election conducted at any other than the designated place is void.
2. SAME--Mandamus. On a trial of a proceeding brought for the purpose of securing a writ of mandamus to compel a county election board to meet, canvass, and declare the result of an election, it appeared that the polls were not opened at the council house, the regular voting place, but at the residence of one of the candidates, the location of which with reference to the regular voting place was not shown; that no notice was posted at the council house to inform intending voters of the place of holding the election, nor were the polls opened until between 4 and 6 o'clock; and that but thirteen electors of the town, which had five wards, participated therein, on which evidence the district court allowed the writ. Held error; the election being void.
William M. Matthews, Ralph H. Ellison, and Joseph W. Childers, for plaintiffs in error.
James M. Hayes, for defendants in error.
¶1 This case presents error from the district court of Okmulgee county, and is a proceeding in mandamus to compel the plaintiffs in error, composing the county election board of that county, to convene and canvass the returns of an alleged election held in the town of Morris in that county on the 2d day of April, 1912, for the purpose of electing a board of trustees for the said town. On the final trial before the court a peremptory writ was issued, and, after the denial of a motion for new trial, the cause was lodged in this court for review. Among the different grounds presented by the election board, plaintiff in error, why the writ should not have issued, is the one that the election was not held at the legally designated voting place, but was held at the residence of Allen Huff, who is one of the candidates and one of the plaintiffs in the action. As in our judgment this ground under the facts is good and will require the reversal and dismissal of the action, it is not essential that the other grounds presented be considered. Section 1002a, Comp. Laws 1909, provides:
"All elections held in accordance herewith shall be conducted at the regular voting places or polls used within such cities, towns, and villages at general state elections and in cities of the first class the polls shall be opened at six o'clock in the forenoon and kept open continuously until seven o'clock in the afternoon, and in other towns the polls shall be open at eight o'clock in the forenoon, and close at six o'clock in the afternoon."
¶2 From the evidence in the case it appears that there was some controversy as to whether the law required an election to be held in cities, towns, and villages on April 2, 1912. Certain parties filed with the county election board their application to be certified as candidates, but it seems that, on the advice of...
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Toohey v. Town of Canton
... ... Turner, 125 Okla. 248, 257 P. 328; Munger v. Town of Watonga, 106 Okla. 78, 233 P. 211; and Goree v. Cahill, 35 Okla. 42, 128 P. 124. At the time these decisions were written, section 6134, C. O. S. 1921, was in force and effect and provided that ... ...
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Munger v. Town of Watonga
...be held as a waiver of all objections thereto, provided the place was within the voting precinct." ¶4 This court, Goree et al. v. Cahill et al., 35 Okla. 42, 128 P. 124, said:"The requirements of the law relative to the place of holding an election are generally held mandatory, and an elect......
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Hall v. Turner
...within separate and distinct wards are legally registered and entitled to vote within the same precinct? ¶4 In Goree et al. v. Cahill et al., 35 Okla. 42, 128 P. 124 it is held that:"The requirements of the law relative to the place of holding an election are generally held mandatory, and a......