Legal Opinion

Seaton v. Swem

Supreme Court of Iowa

Decided April 5, 1882PublishedCited by 4 opinions

Appeal from, Lkm Owomt Oouri. At the regular election held in November, 1880, the appellant Seaton, and the appellee Swem, were candidates for the office of sheriff of Linn county. The board of supervisors, at their regular meeting as a board of canvassers, canvassed the returns from the election precincts in said county, and declared the appellee, Swem, elected sheriff of Linn county. The appellant contested the election of Swem.

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Appeal from, Lkm Owomt Oouri. At the regular election held in November, 1880, the appellant Seaton, and the appellee Swem, were candidates for the office of sheriff of Linn county. The board of supervisors, at their regular meeting as a board of canvassers, canvassed the returns from the election precincts in said county, and declared the appellee, Swem, elected sheriff of Linn county. The appellant contested the election of Swem. The court for the trial of this contested election, consisting of Daniel Travis, chairman of the board of supervisors, and J. S. Anderson, Esq., chosen by Swem, and…

1Opinion of the CourtDay, J.

1. ELECTION: wager : juror disqualified. The appellant, in support of Ms motion for a new trial, filed the affidavit of one Frank Haynes, that he had money bet upon the result of the election of sheriff, with one A. Caldwell, who served as a juryman in the trial of the cause, Caldwell betting that Edward L. Swem would be elected sheriff of Linn county, and Haynes betting to the contrary, and that the money so bet, and put up on the election, was subject to be paid on the decision of this cause. The affidavit of one G-. A. Patterson was also filed, that on the 18th day of January, 1881, said…

2Cases cited1 opinion

  1. Stafford v. City of OskaloosaSupreme Court of Iowa · 1882

3Cited by4 opinions

  1. Cluverius v. CommonwealthSupreme Court of Virginia · 1886
  2. Fugate v. StateNebraska Supreme Court · 1959
  3. State v. ShoemakerSupreme Court of Iowa · 1883
  4. O'Brien v. General Accident, Fire & Life Assurance Corp., Ltd., of PerthCourt of Appeals for the Eighth Circuit · 1930

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