Stemper v. Higgins
Supreme Court of Minnesota
The contestant, Stemper, instituted this proceeding in the district .court for Watonwan county, to have it determined that he was elected to the office of sheriff of that county, at the election held in November, 1886. The contest was tried by Severance, J., without a jury, and judgment directed for the contestant, from which the contestee appeals.
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The contestant, Stemper, instituted this proceeding in the district .court for Watonwan county, to have it determined that he was elected to the office of sheriff of that county, at the election held in November, 1886. The contest was tried by Severance, J., without a jury, and judgment directed for the contestant, from which the contestee appeals. The vote, as canvassed by the county canvassing-board was as follows: For H. H. Higgins; 467 votes; for J. P. Stemper, 452 votes; for D. I. Hudson, 190 votes. In this canvass the vote of Fieldon •township was stated to be as follows: For H. H.…
1Opinion of the CourtDickinson, J.
This is a proceeding to determine, as between these ■contestants, the right to the office of sheriff of Watonwan county. The returns of the election in 1886, made to the county auditor, and as canvassed by the county canvassing-board, showed that.this appellant, Higgins, had received 467 votes for that office; this respondent, Stemper, 452 votes; and one Hudson, 190 votes. Higgins was .accordingly declared to have been elected, and the proper certificate -of election was delivered to him. Stemper contested the election, and upon the trial of the contest in the district court it was found that…
2Cases cited9 opinions
- The People v. . CookNew York Court of Appeals · 1853
- People ex rel. Williams v. CicottMichigan Supreme Court · 1868
- In re the Senate of MinnesotaSupreme Court of Minnesota · 1865
- Newton v. NewellSupreme Court of Minnesota · 1880
- State ex rel. Oblinger v. SpaudeSupreme Court of Minnesota · 1887
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3Cited by12 opinions
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- Moon v. HarrisSupreme Court of Minnesota · 1913
- Kerlin v. City of Devils LakeNorth Dakota Supreme Court · 1913
- McEwen v. PrinceSupreme Court of Minnesota · 1914
- Moss v. HuntSupreme Court of Oklahoma · 1913
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