Miller v. Schallern
North Dakota Supreme Court
Appeal from District Court, Morton County; Lauder, J. Election contest between Joseph Miller and A. V. Schallern. Judgment for plaintiff, and defendant appeals. The ballots not marked with the initials of the inspector or one of the judges of .the election were illegally counted. § 524, Rev. Codes. This statute is mandatory. McCrary on Elections, § 190-191; Slaymaker v. Phillips, 42 Pac.
Read the full summary
Appeal from District Court, Morton County; Lauder, J. Election contest between Joseph Miller and A. V. Schallern. Judgment for plaintiff, and defendant appeals. The ballots not marked with the initials of the inspector or one of the judges of .the election were illegally counted. § 524, Rev. Codes. This statute is mandatory. McCrary on Elections, § 190-191; Slaymaker v. Phillips, 42 Pac. Rep. 1049. People v. Board, 29 N. E. Rep. 332; Peo. v. Person, *19 N. Y. Supp. 297; Párvin v. Wimberg^, 30 N. E. Rep. 790; Horning v. Burgess, 77 N. W. Rep. 446. It is also constitutional. Slaymaker v.…
1Opinion of the CourtWallin, J.
This is an election contest, which originated in the County of Morton, and which involves the title to the office of county auditor of that county. The facts which we regard as decisive of the case are simple, and are not disputed. The plaintiff and defendant were the only candidates for said office at a general election held in said county in November, 1898, and the names of no other persons oppeared on the official ballots as a candidate for said office. The votes cast at said election were canvassed by the county canvassing board, and as a result of such canvass it was found and determined…
2Cases cited6 opinions
- Moyer v. Van de VanterWashington Supreme Court · 1895
- State v. HilmantelWisconsin Supreme Court · 1867
- State ex rel Tompton v. DenoyerNorth Dakota Supreme Court · 1897
- Horning v. Board of Canvassers of Saginaw Co.Michigan Supreme Court · 1898
- Munroe v. WellsCourt of Appeals of Maryland · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Kelsh v. JaegerNorth Dakota Supreme Court · 2002
- Howser v. PepperNorth Dakota Supreme Court · 1899
- Fitzmaurice v. WillisNorth Dakota Supreme Court · 1910
- Perry v. HackneyNorth Dakota Supreme Court · 1902
- Kuhn v. BeedeNorth Dakota Supreme Court · 1976
16 more not listed; retrieve them via the Exa API.