Clark v. Strong
Nebraska Supreme Court
Error to the district court for Colfax county. Tried below before Post, J. Appeal bond. O’Dea v. Washington Coimty, 3 Neb., 118. Right of appeal. McCrary’s Law of Election, §§ 316,360,382. Kellarv. Chapman, 34 Cal., 635. Mcmn v. Cassidy, 1 Brewster, 43. People v. Holden, 28 Cal., ■ 139. cited: Wells’ Law and Fact, § 633. Lydiok v. Horner, 13 Neb., 10.
1Opinion of the CourtMaxwell, J.
At the general election in November, 1881, the plaintiff and defendant were candidates for the office of superintendent of public instruction of Colfax county, the plaintiff receiving the certificate of election. The defendant thereupon contested his election in the county court, and on the trial the court found that 581 legal votes were cast for the defendant, and 580 for the plaintiff. Judgment was thereupon rendered in favor of the defendant. The parties then entered into a stipulation, in writing, that the defendant would pay all costs, which amounted to a very large sum, and the…
2Cited by4 opinions
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