Legal Opinion

Brown v. McCollum

Supreme Court of Iowa

Decided January 16, 1889PublishedCited by 11 opinions

Appeal from Wright District Court. — Hoar. S.- M. • • ... Weaver, Judge. . ¡ At the general election in the year 1887, the plaintiff and the defendant were opposing candidates for the office of superintendent of schools for Wright county. The board of canvassers for said county declared the defendant to be the successful candidate, having received more votes for the office than the plaintiff.

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Appeal from Wright District Court. — Hoar. S.- M. • • ... Weaver, Judge. . ¡ At the general election in the year 1887, the plaintiff and the defendant were opposing candidates for the office of superintendent of schools for Wright county. The board of canvassers for said county declared the defendant to be the successful candidate, having received more votes for the office than the plaintiff. The plaintiff filed a statement of intention to contest the election, and notice thereof was issued and served upon the defendant. The court of contest was organized, .and a.-hearing was had, which…

1Opinion of the CourtRothrock, J.

1. „ intendén?er' testbyn:oon woman. — I. It is insisted by counsel for appellant that the plaintiff has no right to make the contest, because she is a woman, and not an elector* It is provided by section 697 of C°cle that the written statement of intention - to contest an election shall set forth “the name of contestant, and that .he is an elector of the county.” He is also required to file a bond conditioned to pay costs in case his contest shall fail. The statement of contest, as made by the plaintiff, sets forth that she is an elector of the county. This is not the fact. She is a woman,…

2Cases cited1 opinion

  1. The People v. . SaxtonNew York Court of Appeals · 1860

3Cited by11 opinions

  1. Devine v. WonderlichSupreme Court of Iowa · 1978
  2. Harmon v. TylerTennessee Supreme Court · 1903
  3. Kindel v. Le BertSupreme Court of Colorado · 1897
  4. Ray v. Registrars of VotersMassachusetts Supreme Judicial Court · 1915
  5. Beck v. CousinsSupreme Court of Iowa · 1960

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