Huffaker v. Edgington
Idaho Supreme Court
APPEAL from the District Court of tbe Ninth. Judicial District, for Bonneville County. Hon. James G. Gwinn, Judge. Action to contest election of mayor of Idaho Falls. Judgment for contestee. A succession of unexplained irregularities and a disregard on the part of the officials is sufficient to deprive the ballot-box and the return to the credit to which they are entitled, and shifts the burden upon the party maintaining the legality of the official count.
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APPEAL from the District Court of tbe Ninth. Judicial District, for Bonneville County. Hon. James G. Gwinn, Judge. Action to contest election of mayor of Idaho Falls. Judgment for contestee. A succession of unexplained irregularities and a disregard on the part of the officials is sufficient to deprive the ballot-box and the return to the credit to which they are entitled, and shifts the burden upon the party maintaining the legality of the official count. (McCrary on Elections, secs. 497, 582.) Where fraud and irregularities occur in the conduct of election to such an extent that it is…
1Opinion of the Court
DAVIS, District Judge.
This is an action to test the legality of the election of the mayor of Idaho Falls.
The contestant, appellant in this court, assigns numerous errors of the district court, which may be grouped under four general heads, as follows:
That the court erred in not finding that there were more illegal votes cast.
*183In not imposing the burden upon the party claiming the benefit of the votes as cast to show the legality thereof, after it was shown that there was irregularities in the registration of voters and in the conduct of the election officers.
In finding that wherein the…
2Cases cited12 opinions
- People Ex Rel. Hirsh v. . WoodNew York Court of Appeals · 1895
- People ex rel. Johnson v. EarlSupreme Court of Colorado · 1908
- Stackpole v. HallahanMontana Supreme Court · 1895
- State Ex Rel. Quinn v. LattimoreSupreme Court of North Carolina · 1897
- Tarbox v. SughrueSupreme Court of Kansas · 1887
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Weber v. City of HelenaMontana Supreme Court · 1931
- Jaycox v. VarnumIdaho Supreme Court · 1924
- Noble v. Ada County Elections BoardIdaho Supreme Court · 2000
- Taylor v. GirardIdaho Supreme Court · 1934
- Nelson v. Big Lost River Irrigation DistrictIdaho Supreme Court · 1999
3 more not listed; retrieve them via the Exa API.