Sprague v. Norway
California Supreme Court
Appeal from the County Court, Santa Barbara County. Sprague and Norway were candidates for the office of County Surveyor of Santa Barbara County at the general election held on the 6th day of September, 1866. Norway was declared elected, and Sprague contested. Several persons voted for Sprague who had first arrived in this State more than six lunar but less than six calendar months before the election.
Read the full summary
Appeal from the County Court, Santa Barbara County. Sprague and Norway were candidates for the office of County Surveyor of Santa Barbara County at the general election held on the 6th day of September, 1866. Norway was declared elected, and Sprague contested. Several persons voted for Sprague who had first arrived in this State more than six lunar but less than six calendar months before the election. The County Judge rejected these votes, and adjudged that Norway was elected. If they had been counted it would have changed the result. The contestant appealed. The other facts are stated in…
1Opinion of the Court
By the Court, Sanderson, J.:
The turning points in this case, and therefore the only ones which we find it necessary to consider, relate to the effect of certain irregularities which occurred at Carpenteria Precinct, and the meaning of the word “ months” as used in our Constitution and statute defining the qualifications of an elector; it being claimed on the part of the appellant that the irregularities suggested vitiated the election at the precinct in ques*175tion, and that by the word “ months,” lunar and not calendar months are intended.
The irregularities complained of were the appointment by…
2Cases cited6 opinions
- Prince v. SmithMassachusetts Supreme Judicial Court · 1808
- Strong v. BirchardSupreme Court of Connecticut · 1824
- Bartol v. CalvertSupreme Court of Alabama · 1852
- Commonwealth v. ChaseMassachusetts Supreme Judicial Court · 1806
- Kimball v. LamsonSupreme Court of Vermont · 1829
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Miller v. DunnCalifornia Supreme Court · 1887
- Garrett v. CuninghameSupreme Court of Alabama · 1924
- Savings and Loan Society v. ThompsonCalifornia Supreme Court · 1867
- Smith v. FurbishSupreme Court of New Hampshire · 1894
- Harris v. SmileySupreme Court of Oklahoma · 1912
15 more not listed; retrieve them via the Exa API.