Legal Opinion

Fullarton v. McCaffrey

Supreme Court of Iowa

Decided June 29, 1916PublishedCited by 11 opinions

Appeal from Dubuque District Court. — Robert Bonson, Judge. Contestant was an independent candidate for the office of coroner of Dubuque County at the general election of 1914, and the incumbent, the regularly nominated candidate on the democratic ticket. The latter was declared elected, by the board of supervisors, whereupon a contest was instituted and the incumbent declared elected, by the court of contest.

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Appeal from Dubuque District Court. — Robert Bonson, Judge. Contestant was an independent candidate for the office of coroner of Dubuque County at the general election of 1914, and the incumbent, the regularly nominated candidate on the democratic ticket. The latter was declared elected, by the board of supervisors, whereupon a contest was instituted and the incumbent declared elected, by the court of contest. Contestant appealed to the district court, which, on hearing, found the incumbent to have been elected. Contestant appeals.

1Opinion of the CourtLadd, J.

I. The parties hereto were rival candidates for the office of coroner of Dubuque County. Four candidates contested forr„the democratic nomination at the primary, but no one received 35 per cent, of the vote cast. McCaffrey was nominated at the county convention and F'ullarton became an independent candidate, having his name put on the ballot by petition. In the 34 precincts, 3,999 ballots were marked for McCaffrey and 3,848, for Fullarton. None of these are in dispute. Besides these, there were 203 ballots. Of these, the contestant offered 188 in evidence. To each of these, incumbent…

2Cases cited13 opinions

  1. Whittam v. ZahorikSupreme Court of Iowa · 1894
  2. Winn v. BlackmanIllinois Supreme Court · 1907
  3. Sego v. StoddardIndiana Supreme Court · 1894
  4. State ex rel. Orr v. FawcettWashington Supreme Court · 1897
  5. Howser v. PepperNorth Dakota Supreme Court · 1899

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3Cited by11 opinions

  1. Devine v. WonderlichSupreme Court of Iowa · 1978
  2. Beck v. CousinsSupreme Court of Iowa · 1960
  3. Hall v. BartonMassachusetts Supreme Judicial Court · 1935
  4. Donlan v. CookeSupreme Court of Iowa · 1931
  5. Headington v. North Winneshiek Community School DistrictSupreme Court of Iowa · 1962

6 more not listed; retrieve them via the Exa API.

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