Lane v. Mitchell

CourtUnited States State Supreme Court of Iowa
Writing for the CourtSHERWIN
Citation133 N.W. 381,153 Iowa 139
Decision Date20 November 1911
PartiesLANE v. MITCHELL ET AL.

153 Iowa 139
133 N.W. 381

LANE
v.
MITCHELL ET AL.

Supreme Court of Iowa.

Nov. 20, 1911.


Appeal from District Court, Linn County; W. N. Treichler, Judge.

Suit for damages against judges of election, who refused to receive the plaintiff's vote at a general election. There was a directed verdict for the defendants. The plaintiff appeals. Reversed.

[133 N.W. 382]

Redmond & Stewart, for appellant.

Chas. W. Kepler & Son, for appellees.


SHERWIN, C. J.

At the time of the November, 1908, general election, the plaintiff was a student of Cornell College, Mt. Vernon, Iowa, and the defendants were judges of said election in Mt. Vernon precinct. The plaintiff presented himself at the polls at the proper time, and demanded a ballot for the purpose of voting. He was refused a ballot, whereupon he demanded that the statutory oath be administered to him, and that he thereafter be permitted to vote. The defendants refused to administer the oath, and the plaintiff was not allowed to vote. He brought this action to recover damages, alleging malice on the part of the defendants. The trial was to a jury, but, after the close of the evidence on both sides, the court directed a verdict for the defendants, and rendered a judgment thereon against the plaintiff for costs. Counsel have devoted much time to the question whether the plaintiff showed himself entitled to vote in Mt. Vernon. The residence of a person depends very largely upon his intent, and under the record presented here we have no hesitancy in holding that the questions of fact should have gone to the jury. As we have already said, the plaintiff insisted that he be sworn, as provided by section 1115 of the Code, and that he be thereafter allowed to vote. The section provides as follows: “Any person offering to vote may be challenged as unqualified by any judge or elector; and it is the duty of each of the judges to challenge any person offering to vote whom he knows or suspects not to be duly qualified; and he shall not receive a ballot from a voter who is challenged until such voter shall have established his right to vote. When any person is so challenged, the judges shall explain to him the qualifications of an elector, and may examine him under oath touching his qualifications as a voter. In all precincts where registration is not required, and in other precincts where the name of such voter is entered upon the registration lists, if the person challenged insists that he is qualified, and the challenge is not withdrawn, one of the judges shall tender to him the following oath: ‘You do solemnly swear that you are a citizen of the United States, that you are a resident in good faith of this precinct, that you are twenty-one years of age as you verily believe, that you have been a resident of this county sixty days, and of this state six months next preceding this election, and that you have not voted at this election,’ and if he takes such oath, his vote shall be...

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4 practice notes
  • Amos v. Prom, Civ. No. 571.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • September 30, 1953
    ...Iowa 684, reversed where exemplary damages were five times compensatory damages. See 17 Iowa L.Rev. 413. But see Lane v. Mitchell, 1911, 153 Iowa 139, 133 N.W. 381, 36 L.R.A.,N.S., An award of only nominal damages will not support an award of exemplary damages. Roggensack v. Winona Monument......
  • Pringle Tax Service, Inc. v. Knoblauch, No. 62792
    • United States
    • United States State Supreme Court of Iowa
    • August 29, 1979
    ...losses which under the record could not be ascertained. Holi-Rest, Inc. v. Treloar, 217 N.W.2d 517, 526 (Iowa 1974); See Lane v. Mitchell, 153 Iowa 139, 143, 133 N.W. 381, Page 154 383 (1911) ("If a willful and malicious wrong was done the plaintiff under such circumstances as to entitle hi......
  • Lehigh Sewer Pipe & Tile Co. v. Inc. Town of Lehigh
    • United States
    • United States State Supreme Court of Iowa
    • June 10, 1912
    ...rejecting votes was purely ministerial, and, of course, certiorari will not lie to review purely ministerial functions. Lane v. Mitchell, 133 N. W. 381. The judges and clerks of election were properly chosen under sections 615 and 1093 of the Code of 1897. [5] The trial court did not err in......
  • Wood v. Boone Cnty.
    • United States
    • United States State Supreme Court of Iowa
    • November 20, 1911
    ...required them to take proper steps to prevent its spread, and, had they neglected to do so, they would have been culpable in a high [133 N.W. 381]degree. They were therefore acting judicially, and it is the general rule that officers so acting are not liable for injuries which may result fr......
4 cases
  • Amos v. Prom, Civ. No. 571.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • September 30, 1953
    ...Iowa 684, reversed where exemplary damages were five times compensatory damages. See 17 Iowa L.Rev. 413. But see Lane v. Mitchell, 1911, 153 Iowa 139, 133 N.W. 381, 36 L.R.A.,N.S., An award of only nominal damages will not support an award of exemplary damages. Roggensack v. Winona Monument......
  • Pringle Tax Service, Inc. v. Knoblauch, No. 62792
    • United States
    • United States State Supreme Court of Iowa
    • August 29, 1979
    ...losses which under the record could not be ascertained. Holi-Rest, Inc. v. Treloar, 217 N.W.2d 517, 526 (Iowa 1974); See Lane v. Mitchell, 153 Iowa 139, 143, 133 N.W. 381, Page 154 383 (1911) ("If a willful and malicious wrong was done the plaintiff under such circumstances as to entitle hi......
  • Lehigh Sewer Pipe & Tile Co. v. Inc. Town of Lehigh
    • United States
    • United States State Supreme Court of Iowa
    • June 10, 1912
    ...rejecting votes was purely ministerial, and, of course, certiorari will not lie to review purely ministerial functions. Lane v. Mitchell, 133 N. W. 381. The judges and clerks of election were properly chosen under sections 615 and 1093 of the Code of 1897. [5] The trial court did not err in......
  • Wood v. Boone Cnty.
    • United States
    • United States State Supreme Court of Iowa
    • November 20, 1911
    ...required them to take proper steps to prevent its spread, and, had they neglected to do so, they would have been culpable in a high [133 N.W. 381]degree. They were therefore acting judicially, and it is the general rule that officers so acting are not liable for injuries which may result fr......

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