Legal Opinion

McIntosh v. Livingston

Supreme Court of Iowa

Decided September 22, 1875PublishedCited by 4 opinions

Appeal from, Boone Circuit Court. At the October election, 1874, these parties were competing candidates for the office of clerk of Boone county. According to the returns from the several election precincts, Livingston received ten hundred and ninety-seven votes, and McIntosh received tern hundred and eighty-four votes, Livingston’s majority being thirteen votes. A certificate of election was accordingly given to Livingston.

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Appeal from, Boone Circuit Court. At the October election, 1874, these parties were competing candidates for the office of clerk of Boone county. According to the returns from the several election precincts, Livingston received ten hundred and ninety-seven votes, and McIntosh received tern hundred and eighty-four votes, Livingston’s majority being thirteen votes. A certificate of election was accordingly given to Livingston. In due time McIntosh gave the requisite notices, etc., that he would contest the election, on the ground that there was a mistake made in the count of the votes by the…

1Opinion of the Court

Cole, J. —

i aat . tested elec1-'‘ tionThe first question made here is upon the sufficiency of the notice of appeal from the judgment of the court of contest to the Circuit Court. The statxxte (Code, Sec. 716), provides that the party against whom judgment is rendered by the court of contest may appeal within twenty days to the Circuit Court, but does not prescribe how the notice of appeal shall be served. In this case it appears that verbal notice of appeal was given and entered of record by the court of contest before it adjourned; and, acting upon such notice, the parties made an agreement…

2Cited by4 opinions

  1. Mentzer v. DavisSupreme Court of Iowa · 1899
  2. State v. JaponeSupreme Court of Iowa · 1926
  3. Fort v. StateSupreme Court of Arkansas · 1889
  4. Bauman v. Maple Valley Community School DistrictSupreme Court of Iowa · 2002

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