State ex rel. Braley v. Gay
Supreme Court of Minnesota
Appeal by plaintiffs, the State of Minnesota and Silas Braley, from a judgment of the District Court of Winona County, M. J. Severance and Charles M. Start, JJ., entered June 28, 1894, in favor of the defendant, John F. Ggy. At the general election held November 8, 1892, under Laws 1891, ch. 4, plaintiff Silas Braley was the republican candidate for sheriff of Winona County and defendant John F. Gay was the democratic candidate.
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Appeal by plaintiffs, the State of Minnesota and Silas Braley, from a judgment of the District Court of Winona County, M. J. Severance and Charles M. Start, JJ., entered June 28, 1894, in favor of the defendant, John F. Ggy. At the general election held November 8, 1892, under Laws 1891, ch. 4, plaintiff Silas Braley was the republican candidate for sheriff of Winona County and defendant John F. Gay was the democratic candidate. The county canvassing board upon the returns made to the county auditor found and certified that Gay received 3,293 votes and Braley 3,236. A certificate of election…
1Opinion of the CourtCollins, J.
By this proceeding the relator, Braley, questions the right of defendant, Gay, to the office of sheriff of Winona county. The election under which the latter now holds the office is that of 1892, and consequently the election law involved is Laws 189.1, ch. á. We readily agree with counsel in the assertion that it was the purpose of the Legislature, when enacting this law, to purge our methods of conducting elections of some of the evils connected therewith, and to promote the purity of the ballot; but the law must not be construed so radically as to render it incapable of enforcement without…
2Cases cited1 opinion
- State v. MadiganSupreme Court of Minnesota · 1894
3Cited by35 opinions
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- Britt v. DavisSupreme Court of Georgia · 1908
- Spangler v. District Court of Salt Lake CountyUtah Supreme Court · 1943
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