Legal Opinion

Morrison v. Pepperman

Supreme Court of Iowa

Decided December 20, 1900PublishedCited by 3 opinions

Appeal from, Crundy District Court. — Hon. A. S. Blair, .Judge. At' the general election in 1899 these parties were opposing candidates for the office of sheriff of Grundy county. Upon a canvass by tbe board of supervisors it was declared tbat incumbent had received 1,423 votes, and tbe contestant 1,422, and tbe incumbent was declared elected.

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Appeal from, Crundy District Court. — Hon. A. S. Blair, .Judge. At' the general election in 1899 these parties were opposing candidates for the office of sheriff of Grundy county. Upon a canvass by tbe board of supervisors it was declared tbat incumbent had received 1,423 votes, and tbe contestant 1,422, and tbe incumbent was declared elected. Contestant filed a statement of contest, and tbe court of contest found tbat contestant bad received 1,386 votes, and tbe incumbent 1,369, and tbe contestant was declared elected. Incumbent appealed to tbe district court, and upon trial bad to the- ,…

1Opinion of the CourtGiven, J.

1 I. Appellee raises several questions that should be first considered. Appellant states in his abstract as follows: “It was agreed by tbe parties tbat tbe only issues of fact involved were as to tbe proper counting of tbe ballots to which objection was made — tbe 134 ballots claimed by the plaintiff, Morrison, to have been cast for plaintiff, and tbe 135 ballots claimed by tbe defendant, Pepperman, to have been cast for tbe defendant —and that, upon the counting of these ballots and tbe ballots conceded to have been cast for tbe respective parties, the case should be determined.” Appellee,…

2Cases cited5 opinions

  1. Whittam v. ZahorikSupreme Court of Iowa · 1894
  2. Iowa Savings & Loan Ass'n v. HeidtSupreme Court of Iowa · 1899
  3. Wood v. BrolliarSupreme Court of Iowa · 1875
  4. First National Bank of Tama City v. MurdoughSupreme Court of Iowa · 1874
  5. Ballard v. RidgelySupreme Court of Iowa · 1840

3Cited by3 opinions

  1. Fullarton v. McCaffreySupreme Court of Iowa · 1916
  2. Spurrier v. McLennanSupreme Court of Iowa · 1902
  3. Aura v. BrandtSupreme Court of Minnesota · 1941

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