Scow v. Gutches
Supreme Court of Minnesota
Peter O. Scow appealed to the district court for Todd county from the action of the canvassing board of that county in declaring that, at the general election of November 3, 1914, he and William J. Gutches each received 1914 votes for the office of clerk of court of that county and the result of the election was a tie.
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Peter O. Scow appealed to the district court for Todd county from the action of the canvassing board of that county in declaring that, at the general election of November 3, 1914, he and William J. Gutches each received 1914 votes for the office of clerk of court of that county and the result of the election was a tie. The court appointed inspectors who reported that appellant received 1902 votes and contestee 1904 votes, and 26 votes were cast as to which there was a dispute as to how they should be counted. The appeal was heard by Nye, J., who found that contestant was duly elected and…
1Opinion of the Court
On March 12, 1915, the following opinion was filed:
2Per curiam
The appeal presents the question whether the court has jurisdiction of an election contest, under section 529, G. S. 1913, in a case where, by reason of a tie vote between the opposing candidates for a county office, the canvassing board has been unable to declare either elected. The four justices who heard the ease are equally divided upon the question, and the judgment must therefore be affirmed.
The appeal having been reargued, the following opinion was filed on May 1, 1915.
*303Holt, J.
Contestant and contestee were rival candidates for the…
3Cases cited4 opinions
- McConaughy v. Secretary of StateSupreme Court of Minnesota · 1909
- State ex rel. Diepenbrock v. GatesSupreme Court of Minnesota · 1886
- Austin v. DickCalifornia Supreme Court · 1893
- State ex rel. Narveson v. Village of McIntoshSupreme Court of Minnesota · 1905
4Cited by3 opinions
- Doonan v. City of WintersetSupreme Court of Iowa · 1937
- Coleman v. RitchieSupreme Court of Minnesota · 2009
- Doonan v. City of WintersetSupreme Court of Iowa · 1937