State ex rel. Byers v. Bailey
Supreme Court of Iowa
Ajypeal from the Chiekasa/w District Court. jVIandamus. On the 5th of April; 1858, an election was held in the county of Chickasaw, upon the question whether the county seat-should be removed from Eorest City to New Hampton. The county canvassers rejected the returns, and all the votes cast in the township of North Washington, which were thirty-seven in number, and all of which were cast in favor of New Hampton.
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Ajypeal from the Chiekasa/w District Court. jVIandamus. On the 5th of April; 1858, an election was held in the county of Chickasaw, upon the question whether the county seat-should be removed from Eorest City to New Hampton. The county canvassers rejected the returns, and all the votes cast in the township of North Washington, which were thirty-seven in number, and all of which were cast in favor of New Hampton. It is alleged that fifty-three ballots were cast on this question in the township of Deerfield, and that all of them were cast in favor of New Hampton, but that the canvassers…
1Opinion of the CourtWoodward, J.
The peremptory writ commands the canvassers to canvass the votes cast at the election, counting all the votes' cast, and to make a true abstract of the same, or to show cause. And Lorenzo Bailey, the county judge, is commanded, upon making such canvass and abstract, to make a proper record of the same, and declare the true result in accordance with such true abstract, or show cause why such acts should not be done.
[This causé is, in its nature, like'that of The State, ex rel. Rice v. The Country Judge of Marshall country, ante, 186, and in very many of its details, is very similar to that.…
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