O'Gorman v. Richter
Supreme Court of Minnesota
Election contest. Appeal by tbe incumbent, Bieliier, from a judgment of tbe district court for Barnsey county, (where the contest was tried by Brill add Simons, JJ,,) declaring O’Gorman, the contestant, ■|o have been duly elected sheriff of that county at an election held on November 7, 1882, and to be entitled to the office, The case is stated in the opinion, It was error for the court below to make a general canvass of the ballots before cause was showm.
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Election contest. Appeal by tbe incumbent, Bieliier, from a judgment of tbe district court for Barnsey county, (where the contest was tried by Brill add Simons, JJ,,) declaring O’Gorman, the contestant, ■|o have been duly elected sheriff of that county at an election held on November 7, 1882, and to be entitled to the office, The case is stated in the opinion, It was error for the court below to make a general canvass of the ballots before cause was showm. There was no evidence of fraud or mistake to warrant a recanvass. McCrary on Elections, § 280; Brightly’s Lead. Cas. on Elections, 360;…
1Opinion of the CourtMitchell, J.
This is a contest for the office of sheriff of Ramsey county. The board of canvassers declared the result of the precinct returns as follows: For O’Gorman, 4,158; for Richter, 4,187, — giving a majority of 29 to Richter, to whom a certificate of election was issued. O’Gorman having appealed to the district court, pursuant to Gen. St. 1878, c. 1, § 32, he was declared elected and entitled to the office, This conclusion was based upon an actual count, in court, of all the ballots in the ballot-boxes, with the following result: For O’Gorman, 4,189; for Richter, 4,101. Majority for O’Gorman, 88.…
2Cases cited3 opinions
- People Ex Rel. Dailey v. . LivingstonNew York Court of Appeals · 1879
- Newton v. NewellSupreme Court of Minnesota · 1880
- People ex rel. Warner Lake v. HigginsMichigan Supreme Court · 1854
3Cited by15 opinions
- People Ex Rel. Attorney General Ex Rel. Boyer v. TeagueSupreme Court of North Carolina · 1890
- Hartman v. YoungOregon Supreme Court · 1888
- Quigley v. PhelpsWashington Supreme Court · 1913
- Moon v. HarrisSupreme Court of Minnesota · 1913
- Christenson v. AllenSupreme Court of Minnesota · 1963
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