Marra v. Clapp, 870S174

Citation255 Ind. 97,262 N.E.2d 630
Decision Date14 October 1970
Docket NumberNo. 870S174,870S174
PartiesMichael P. MARRA, Appellant, v. George E. CLAPP, Appellee.
CourtSupreme Court of Indiana

Ronald R. Fifer, Fifer, Vogt, Hoodenpyl & Lanum, Jeffersonville, for appellant.

Owen Voigt, Harry S. Paynter, Jeffersonville, for appellee.

ARTERBURN, Judge.

This is an appeal from the Clark Circuit Court in a case in which the contestor was one of ten candidates for the nomination for sheriff in the Democratic primary in that county. Contestor, the appellant here, was defeated by the contestee by 39 votes and the contestee was declared the winner. There were 8 other candiates who trailed far below the contestor and the contestee in the votes they received. The apellant as contestor filed his petition to contest the election, asking for a recount in all the precincts in Clark County. The contestee answered that the court lacked jurisdiction over the subject matter because the contestor failed to file a proper petition, having named in the title thereof only George E. Clapp as a contestee. The petition, however, stated in the body the names and addresses of all the candidates in the election contested and a summons and a copy of the petition were issued by the clerk of the Clark Circuit Court for service upon all the candidates.

The trial court dismissed the appellant's petition for lack of jurisdiction over the subject matter by reason of the failure of the appellant to name as parties all the candidates involved in the election contested.

The procedure for an election contest and for a recount of votes is purely a statutory proceeding, and as we have said many times, one following a statutory proceeding must bring himself strictly within the terms thereof. State ex rel. Howard v. Lake C.C., et al. (1954), 233 Ind. 459, 121 N.E.2d 647; Martin v. Schulte (1932), 204 Ind. 431, 182 N.E. 703.

There appear to us to be two clear-cut decisions decisive of the case we have before us. This Court has on each occasion held that to give the court jurisdiction a petition for a recount of votes in an election contest must name specifically as parties all candidates involved in the election for that particular office.

In State ex rel. Wever v. Reeves (1950), 229 Ind. 164, 174, 96 N.E.2d 268, 272, this Court stated:

'It is conclusively shown that at the election of which complaint is made, Henry W. Bosse and Charles C. Schreiber were each candidates for the same offices as contestor, Verone Marie Rieber, and that neither of them were made either a petitioner or a defendant in the petition for recount or the petition for contest. This was a defect which left respondents without jurisdiction to act on either paragraph of the petition as to such contestor.'

This position was followed again in State ex rel. Howard v. Lake C.C., et al. (1954), 233 Ind. 459, 462, 121 N.E.2d 647, 649, in which the Court stated:

'Section 29--5405, Burns' 1949 Replacement Acts 1945, Ch. 208, § 328, provides in part that 'Each such petition shall state the office and the precinct or precincts within the county in respect of which the petitioner desires a recount; * * * the name and postoffice address of petitioner's opposing candidate or candidates; * * *' In State ex rel. Wever v. Reeves (1951), 229 Ind. 164, 96 N.E.2d 268, we held the failure to...

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12 cases
  • Harp v. Indiana Dept. of Highways
    • United States
    • Court of Appeals of Indiana
    • 23 Enero 1992
    ...subject matter jurisdiction to enter declaratory judgments is barred when certain statutory prerequisites are not met. Marra v. Clapp (1970), 255 Ind. 97, 262 N.E.2d 630 (overruled in part by State ex rel. Young, supra.); Cooper v. County Bd. of Review (1971), 150 Ind.App. 232, 237, 276 N.E......
  • Bodine v. Hiler, 3-683A175
    • United States
    • Court of Appeals of Indiana
    • 24 Mayo 1984
    ...Lord v. Sullivan (1938), 214 Ind. 279, 15 N.E.2d 384. Thus, the requirements imposed by the statute are jurisdictional. Marra v. Clapp (1970), 255 Ind. 97, 262 N.E.2d 630; State ex rel. Howard v. Lake Cir. Ct. (1954), 233 Ind. 459, 121 N.E.2d Secondly, it must be recalled that it is our dut......
  • State ex rel. Peterson v. Board of Trustees of South Bend Community School Corp.
    • United States
    • Court of Appeals of Indiana
    • 18 Febrero 1985
    ...State ex rel. Hodges v. Kosciusko Cir. Ct. (1980), 273 Ind. 101, at 104, 402 N.E.2d 1231, at 1233, citing Marra v. Clapp (1970), 255 Ind. 97, at 98, 262 N.E.2d 630, at 630. The statute here in question too must be applied strictly. The legislature must be afforded the right to establish spe......
  • Doll v. Farmers Auto. Ins. Ass'n
    • United States
    • United States Appellate Court of Illinois
    • 29 Noviembre 1977
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