Young v. Olsen
| Decision Date | 11 April 1908 |
| Citation | 115 N.W. 1020 |
| Parties | YOUNG v. OLSEN. |
| Court | Iowa Supreme Court |
OPINION TEXT STARTS HERE
Appeal from District Court, Cerro Gordo County; Clifford P. Smith, Judge.
“Not to be officially reported.”
Contest involving right to office of mayor of the town of Clear Lake. From a judgment in favor of the plaintiff, the defendant appeals. Dismissed.Cliggett, Rule & Keeler, for appellant.
Blythe, Markley & Smith, for appellee.
At the regular annual election held on March 26, 1906, plaintiff and defendant were opposing candidates for the office of mayor of the town of Clear Lake, Cerro Gordo county, Iowa, for the ensuing term of two years. The canvassing board found and certified that the defendant had been duly elected by a majority of two votes. Plaintiff thereupon instituted a contest under the provisions of Code, §§ 678, 1198-1250. The court of contest thus organized heard the evidence, and found that plaintiff had been elected by a majority of one vote, and was therefore entitled to the office. From this finding the defendant appealed to the district court, which, after due trial, decided that plaintiff had been elected by a majority of at least four votes, and affirmed the judgment of the court of contest.
The judgment of the district court was entered October 1, 1906, and the appeal therefrom was perfected on the same day; but, for reasons not apparent in the record, the cause was not argued and submitted within the last 30 days, thus preventing a determination of the appeal until the full term of office in controversy has expired. Such being the situation, judgment of ouster could not be entered even if we should find for the appellant upon the merits of the controversy; and, as it does not appear that any salary attached to the office, or that any other substantial right is now involved in the appeal save the mere matter of taxation of costs, we must decline to enter upon its discussion. State v. Porter, 58 Iowa, 19, 17 N. W. 715;Cutcomp v. Utt, 60 Iowa, 156, 14 N. W. 214;Potts v. Tuttle, 79 Iowa, 253, 44 N. W. 374;State v. Powell, 101 Iowa, 382, 70 N. W. 592; Railroad Co. v. Dey, 76 Iowa, 280, 41 N. W. 17;Mills v. Green, 159 U. S. 651, 16 Sup. Ct. 132, 40 L. Ed. 293;Gordon v. State, 47 Tex. 208;People v. Troy, 82 N. Y. 575;In re Manning, 139 N. Y. 446, 34 N. E. 931.
Following the rule of the authorities here cited, the appeal is therefore dismissed.
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