Legal Opinion

Newton v. Newell

Supreme Court of Minnesota

Decided July 9, 1880PublishedCited by 23 opinions

At the general election, on November 4,1879, Newton and Newell were opposing candidates for the office of sheriff of Dakota county. The county board of canvassers found and declared that Newton had 1,466 votes, and that Newell had 1,473 votes, and was elected, and he thereupon received a certificate of election.

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At the general election, on November 4,1879, Newton and Newell were opposing candidates for the office of sheriff of Dakota county. The county board of canvassers found and declared that Newton had 1,466 votes, and that Newell had 1,473 votes, and was elected, and he thereupon received a certificate of election. On November 18th, Newton served on the clerk of the district court for the county a notice of appeal from the declaration or resolution of the board of canvassers, and in due time served on Newell a notice specifying the points on which the election would be contested, to which Newell…

1Opinion of the CourtBerry, J.

This is a contest for the office of sheriff of Dakota county, carried on under the provisions of sections 32 and 52 of the general election law, Gen. St. 1878, c. 1.

1. Section 32 provides that an appeal may be taken to the district court from the decision of the board of county canvassers, by entering notice thereof with the clerk of said, court within twenty days from the day of election; and section 52, that the contestant shall, within twenty days after the votes have been canvassed, cause a notice, specifying the points on which the election will, be contested, to be served on the person…

2Cited by23 opinions

  1. Davenport v. OlerichSupreme Court of Iowa · 1897
  2. Truelsen v. HugoSupreme Court of Minnesota · 1900
  3. Gray v. State Ex Rel. LanghamTexas Supreme Court · 1899
  4. Moon v. HarrisSupreme Court of Minnesota · 1913
  5. O'Gorman v. RichterSupreme Court of Minnesota · 1883

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