Legal Opinion

Berry v. Wilcox

Nebraska Supreme Court

Decided February 19, 1895No. 6052PublishedCited by 22 opinions

Appeal from the district court of Lancaster county. Heard below before Tuttle, J. cited: Fry’s Election Case, 71 Pa. St., 302; Dale v. Irwin, 78 111., 170; Vanderpoel v. O’Hanlon, 53 la., 246; Pedigo v. Grimes, 13 N. E. Rep. [Ind.], 703; Biddle v. Wing, Clarke & Hall, Digest of Contested Elections, 504; Barnes v. Adams, 2 Bartlett, Cases of Contested Elections, 760. cited: Behrensmeyer v. Kreitz, 135 111., 591; Dale v. Irwin, 78 111., 170; Paine, Elections, sees. 69, 70;…

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Appeal from the district court of Lancaster county. Heard below before Tuttle, J. cited: Fry’s Election Case, 71 Pa. St., 302; Dale v. Irwin, 78 111., 170; Vanderpoel v. O’Hanlon, 53 la., 246; Pedigo v. Grimes, 13 N. E. Rep. [Ind.], 703; Biddle v. Wing, Clarke & Hall, Digest of Contested Elections, 504; Barnes v. Adams, 2 Bartlett, Cases of Contested Elections, 760. cited: Behrensmeyer v. Kreitz, 135 111., 591; Dale v. Irwin, 78 111., 170; Paine, Elections, sees. 69, 70; Sturgeon v. Korte, 34 O. St., 535; Pvtnam v. Johnson, 10 Mass., 487; Lincoln v. Hapgo^d, 11 Mass., 350; Sanders v.…

1Opinion of the Court

Irvine, C.

At an election held in' the city of University Place, in Lancaster county, April 7, 1891, Berry and Wilcox were-candidates for city clerk. The whole number of votes east was 116, of which Wilcox received sixty-three and Berry fifty-three. Berry instituted this proceeding to contest the election on the ground that illegal votes had been received on behalf of Wilcox sufficient to change the result. lathe county court there was a judgment for the incumbent,, from which the contestant appealed to the district court, where a hearing was had with the same result, and the-contestant now…

2Cases cited5 opinions

  1. Dale v. IrwinIllinois Supreme Court · 1875
  2. Vanderpœl v. O'HanlonSupreme Court of Iowa · 1880
  3. Putnam v. JohnsonMassachusetts Supreme Judicial Court · 1813
  4. State ex rel. Valentine v. GriffeyNebraska Supreme Court · 1876
  5. Swaney v. HutchinsNebraska Supreme Court · 1882

3Cited by22 opinions

  1. White v. ManchinWest Virginia Supreme Court · 1984
  2. Lloyd v. BabbSupreme Court of North Carolina · 1979
  3. State Ex Rel. Sathre v. MoodieNorth Dakota Supreme Court · 1935
  4. Pickering v. WinchOregon Supreme Court · 1906
  5. Baker v. VarserSupreme Court of North Carolina · 1954

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