Legal Opinion

State ex rel. Haines v. Searle

Supreme Court of Minnesota

Decided December 28, 1894No. 9294PublishedCited by 6 opinions

At the general election held November 6, 1894, in the third' legislative district of Stearns county, a part of the forty fifth senatorial district, Angus Haines, a republican, and Alexander Chisholm, democrat, were opposing candidates for election to the House of Bepresentatives. The canvassing board of Stearns county declared Chisholm elected by a plurality of four votes and issued to him the certificate of election.

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At the general election held November 6, 1894, in the third' legislative district of Stearns county, a part of the forty fifth senatorial district, Angus Haines, a republican, and Alexander Chisholm, democrat, were opposing candidates for election to the House of Bepresentatives. The canvassing board of Stearns county declared Chisholm elected by a plurality of four votes and issued to him the certificate of election. Haines instituted a contest and on December 8, 1894, applied to D. B. Searle, one of the Judges of the District Court for the seventh judicial district, for an order under Laws…

1Opinion of the CourtMitchell, J.

The principal question presented is whether the pro- ■ visions of Laws 1893, ch. 4, § 188, apply to contests for legislative offices; the contention of the contestant being that they do, while the contestee claims that they apply only to contests that are triable in the District Court. The section reads as follows:

“After any contest has been instituted, either party to the contest shall have the right to have the ballots referred to inspected for the purpose of enabling him to prepare his contest for trial; and, upon application by such party to the District Court upon a verified petition,…

2Cases cited2 opinions

  1. O'Ferrall v. ColbySupreme Court of Minnesota · 1858
  2. State ex rel. McKusick v. PeersSupreme Court of Minnesota · 1885

3Cited by6 opinions

  1. Duffy v. ConawayCourt of Appeals of Maryland · 1983
  2. Scheibel v. PavlakSupreme Court of Minnesota · 1979
  3. Phillips v. EricsonSupreme Court of Minnesota · 1957
  4. Williams v. MaasSupreme Court of Minnesota · 1936
  5. State ex rel. Norwood v. NelsonSupreme Court of Minnesota · 1919

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