Legal Opinion

Jones v. Fisher

Supreme Court of Iowa

Decided October 15, 1912PublishedCited by 8 opinions

Appeal from Polls District Court. — Hon. James P. Hewitt, Judge. 'A. proceeding by certiorari was instituted in the lower court to annul a certain alleged illegal action of the board of supervisors of Polk county, as a board of canvassers, in declaring the result of a recount of the ballots cast at a primary election, as a result of which recount it was declared that A. O. Eisher was the candidate of the Hepublican party for the office of member of the board of supervisors.

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Appeal from Polls District Court. — Hon. James P. Hewitt, Judge. 'A. proceeding by certiorari was instituted in the lower court to annul a certain alleged illegal action of the board of supervisors of Polk county, as a board of canvassers, in declaring the result of a recount of the ballots cast at a primary election, as a result of which recount it was declared that A. O. Eisher was the candidate of the Hepublican party for the office of member of the board of supervisors. The court annulled the action of the board. Erom this decision of the court, the defendants, who are members of the…

1Opinion of the CourtMcClain, C. J.

The plaintiff, Truman Jones, and one A. C. Eisher, who as chairman of the board of supervisors is one of the defendants in this action, were opposing candidates for the Hepublican nomination to the office of supervisor at the primary election held June 3, 1912. The returns of the election from all the voting precincts gave Jones a majority of one vote over Eisher. Within the time provided by law, Eisher filed with the board of supervisors a verified statement alleging fraud and mistake in the returns from the Eirst precinct of Bloomfield township, and that illegal votes had been received in…

2Cited by8 opinions

  1. County Board of Education Ex Rel. Bremer County v. ParkerSupreme Court of Iowa · 1951
  2. Haas v. Contest CourtSupreme Court of Iowa · 1936
  3. State ex rel. Hatfield v. CarringtonSupreme Court of Iowa · 1922
  4. Ind. Sch. Dist. v. BoardSupreme Court of Iowa · 1941
  5. Heiskell v. LedgerwoodTennessee Supreme Court · 1921

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