Legal Opinion

Fitzmaurice v. Willis

North Dakota Supreme Court

Decided June 3, 1910PublishedCited by 19 opinions

Appeal from the district court of Ward county; Templeton, Special Judge. Contest on an election held to vote upon the creation of the new county of Renville. Failure to comply with a registration law invalidates an election. Cooley, Const. Lim. 757; Capen v. Foster, 12 Pick. 485, 23 Am. Dec. 632; People ex rel. Foley v. Kopplekom, 16 Mich. 342; State ex rel. Doerflinger v. Hilmantel, 21 Wis. 574; State ex rel..

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Appeal from the district court of Ward county; Templeton, Special Judge. Contest on an election held to vote upon the creation of the new county of Renville. Failure to comply with a registration law invalidates an election. Cooley, Const. Lim. 757; Capen v. Foster, 12 Pick. 485, 23 Am. Dec. 632; People ex rel. Foley v. Kopplekom, 16 Mich. 342; State ex rel. Doerflinger v. Hilmantel, 21 Wis. 574; State ex rel.. Bancroft v. Stumpf, 23 Wis. 630; State v. Butts, 31 Kan. 537, 2 Pac. 618; Pope v. Williams, 98 Md. 59, 66 L.R.A. 398, 103 Am. St. Rep. 379, 56 Atl. 543, approved in 193 D. S. 621, 48…

1Opinion of the CourtSpalding, J.

This is an appeal from a judgment of the district court of Ward county holding that the proposition submitted in that county at the last general election for the formation of the new county of Renville from a portion of Ward county failed to carry. Judgment was entered in a contest proceeding held as provided by § 693, Rev. Codes 1905. The facts, so far as necessary to an understanding of the questions involved, are that the question of creating the new county of Renville from a portion of Ward county was submitted at the general election in 1908, and the vote, as returned, showed 3,744 for…

2Cases cited20 opinions

  1. Taylor v. TaylorSupreme Court of Minnesota · 1865
  2. State ex rel. Wood v. BakerWisconsin Supreme Court · 1875
  3. State ex rel. McCue v. BlaisdellNorth Dakota Supreme Court · 1909
  4. State ex rel. Adair v. DrexelNebraska Supreme Court · 1905
  5. Contested Election of CusickLackawanna County Court of Quarter Sessions · 1890

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3Cited by19 opinions

  1. Dysart v. City of St. LouisSupreme Court of Missouri · 1928
  2. Goodell v. Judith Basin CountyMontana Supreme Court · 1924
  3. State ex rel. Linde v. HallNorth Dakota Supreme Court · 1916
  4. Weber v. City of HelenaMontana Supreme Court · 1931
  5. Kerlin v. City of Devils LakeNorth Dakota Supreme Court · 1913

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