Lynip v. Buckner
Nevada Supreme Court
Appeal from judgment and order overruling motion for new trial, from District Court, Humboldt county; Q. E. Mach, District Judge, presiding. The points sufficiently appear in the opinion. Appellant relies on the proposition that the ignorance, mistake, or even fraud, of the members of the election officers (in this case there is not even a pretense of fraud) cannot deprive -the voter of his constitutional right to vote and have his vote counted.
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Appeal from judgment and order overruling motion for new trial, from District Court, Humboldt county; Q. E. Mach, District Judge, presiding. The points sufficiently appear in the opinion. Appellant relies on the proposition that the ignorance, mistake, or even fraud, of the members of the election officers (in this case there is not even a pretense of fraud) cannot deprive -the voter of his constitutional right to vote and have his vote counted. (Stinson v. Sweeney, 17 Nev. 310-322.) Punctuating the inviolability of this constitutional privilege of the lawful voter, after due observance on…
1Opinion
By the Court,
Bigelow, C. J.:
Opinion on the merits:
The contestant and contestee, who, for convenience, we shall call plaintiff and defendant, were rival candidates for the office of district attorney of Humboldt county at the election of 1894. Upon the returns, as canvassed by the board of county commissioners, the defendant had a majority of five votes; but, upon the trial of this contest in the district court, it was found that the plaintiff had received three more votes than his opponent, and he was accordingly declared elected. From this judgment, and an order refusing a new trial,…
2Cases cited18 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- Bowers v. SmithSupreme Court of Missouri · 1892
- Parvin v. WimbergIndiana Supreme Court · 1892
- Stackpole v. HallahanMontana Supreme Court · 1895
- State ex rel. Waggoner v. RussellNebraska Supreme Court · 1892
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