Kelso v. Wright

CourtUnited States State Supreme Court of Iowa
Writing for the CourtDEEMER
Citation81 N.W. 805,110 Iowa 560
Decision Date07 February 1900
PartiesKELSO v. WRIGHT.

110 Iowa 560
81 N.W. 805

KELSO
v.
WRIGHT.

Supreme Court of Iowa.

Feb. 7, 1900.


Appeal from district court, Lyon county; John F. Oliver, Judge.

This is a contest over the right to hold the office of member of board of supervisors of Lyon county. The board of contest found in favor of the incumbent. On appeal to the district court the incumbent was declared elected by a majority of one. Contestant appeals. Affirmed.

[81 N.W. 805]

Greenleaf & Greenleaf and Simon Fisher, for appellant.

Parsons & Riniker, for appellee.


DEEMER, J.

Lyon county is divided into districts for the purpose of electing members of the board of supervisors. District No. 1 is composed of four townships, to wit, Elgin, Grant, Liberal, and Midland. In his statement of intention to contest, plaintiff complained

[81 N.W. 806]

of the vote in but two of these townships, to wit, Grant and Elgin. He set out the names of the parties who he claimed voted illegally in these townships. The incumbent, in his answer, stated that illegal votes were cast for contestant in Midland and Liberal townships, but that he did not know the names of these illegal voters. Section 698 of the Code of 1873, which was in force when these proceedings were had, reads as follows: “When the reception of illegal, or the rejection of legal, votes is alleged as a cause of contest, the names of the persons who so voted, or whose votes were rejected, with the precinct where they voted or offered to vote, shall be set forth in the statement.” At the trial, incumbent was permitted to introduce evidence of an illegal vote cast by one Wheatley in Midland township. This is claimed to be error, because the incumbent did not, in his answer, give the name as one of the persons who had voted illegally. One of the ballots introduced by contestant was not indorsed with the initials of a judge of election, nor did the names of any of the judges of election appear thereon. This ballot was rejected by the court, and of this complaint is made. It is claimed that one Miller, who voted for incumbent was not a qualified voter. One of the ballots was marked as follows:


IMAGE

It is claimed that the marks thereon are capable of being used for the purpose of being identified, and that it should not have been counted. Incumbent asked for and procured a recount of the votes cast in Liberal and Midland townships. This is said to be error, because incumbent did not name the persons who had voted illegally, and did not file a bond, as required by sections 697 and 698...

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24 practice notes
  • Ford v. Dilley, No. 30938.
    • United States
    • United States State Supreme Court of Iowa
    • February 18, 1916
    ...such error has been committed against appellee. See Voorhees' Case, 108 Iowa, 85, 78 N. W. 795, followed in Kelso's Case, 110 Iowa, 565, 81 N. W. 805, and Royer's Case, 147 Iowa, 277, 281, 126 N. W. 168. And the principle is clearly asserted in Campbell v. Park, 128 Iowa, 181, 101 N. W. 861......
  • Mcgrane v. County Of Nez Perce
    • United States
    • United States State Supreme Court of Idaho
    • December 1, 1910
    ...McElvain, 184 Ill. 552, 56 N.E. 1012; Orr v. Bailey, 59 Neb. 128, 80 N.E. 495; Mauck v. Brown, 59 Neb. 382, 81 N.W. 313; Kelso v. Wright, 110 Iowa 560, 81 N.W. 805; Conaty v. Gardner, 75 Conn. 48, 52 A. 416; Griffin v. Tucker (Tex. Civ. App.), 119 S.W. 338; Newhouse v. Alexander (Okl.), 110......
  • McGrane v. County of Nez Perce
    • United States
    • Idaho Supreme Court
    • December 1, 1910
    ...McElvain, 184 Ill. 552, 56 N.E. 1012; Orr v. Bailey, 59 Neb. 128, 80 N.E. 495; Mauck v. Brown, 59 Neb. 382, 81 N.W. 313; Kelso v. Wright, 110 Iowa 560, 81 N.W. 805; Conaty v. Gardner, 75 Conn. 48, 52 A. 416; Griffin v. Tucker (Tex. Civ. App.), 119 S.W. 338; Newhouse v. Alexander (Okl.), 110......
  • Newhouse v. Alexander, Case Number: 445
    • United States
    • Supreme Court of Oklahoma
    • June 8, 1909
    ...and assist in the honest, intelligent exercise of the right to vote, and are not violative of the Constitution." ¶24 In Kelso v. Wright, 110 Iowa 560, 81 N.W. 805, a statute was under construction quite similar to the one in question. The court in its syllabus said: "Under Acts 24th Gen. As......
  • Request a trial to view additional results
24 cases
  • Ford v. Dilley, No. 30938.
    • United States
    • United States State Supreme Court of Iowa
    • February 18, 1916
    ...such error has been committed against appellee. See Voorhees' Case, 108 Iowa, 85, 78 N. W. 795, followed in Kelso's Case, 110 Iowa, 565, 81 N. W. 805, and Royer's Case, 147 Iowa, 277, 281, 126 N. W. 168. And the principle is clearly asserted in Campbell v. Park, 128 Iowa, 181, 101 N. W. 861......
  • Mcgrane v. County Of Nez Perce
    • United States
    • United States State Supreme Court of Idaho
    • December 1, 1910
    ...McElvain, 184 Ill. 552, 56 N.E. 1012; Orr v. Bailey, 59 Neb. 128, 80 N.E. 495; Mauck v. Brown, 59 Neb. 382, 81 N.W. 313; Kelso v. Wright, 110 Iowa 560, 81 N.W. 805; Conaty v. Gardner, 75 Conn. 48, 52 A. 416; Griffin v. Tucker (Tex. Civ. App.), 119 S.W. 338; Newhouse v. Alexander (Okl.), 110......
  • McGrane v. County of Nez Perce
    • United States
    • Idaho Supreme Court
    • December 1, 1910
    ...McElvain, 184 Ill. 552, 56 N.E. 1012; Orr v. Bailey, 59 Neb. 128, 80 N.E. 495; Mauck v. Brown, 59 Neb. 382, 81 N.W. 313; Kelso v. Wright, 110 Iowa 560, 81 N.W. 805; Conaty v. Gardner, 75 Conn. 48, 52 A. 416; Griffin v. Tucker (Tex. Civ. App.), 119 S.W. 338; Newhouse v. Alexander (Okl.), 110......
  • Newhouse v. Alexander, Case Number: 445
    • United States
    • Supreme Court of Oklahoma
    • June 8, 1909
    ...and assist in the honest, intelligent exercise of the right to vote, and are not violative of the Constitution." ¶24 In Kelso v. Wright, 110 Iowa 560, 81 N.W. 805, a statute was under construction quite similar to the one in question. The court in its syllabus said: "Under Acts 24th Gen. As......
  • Request a trial to view additional results

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