State v. Bernholtz
Supreme Court of Iowa
'Appeal from Garroll District Court. — Hon. Z. A. Church, Judge. Tiie defendants were mayor, treasurer, recorder, councilman, and assessor of the incorporated town of Breda prior to the election of March 28,1898, and claim to hold over because of no election on that day. A ticket was duly nominated by petition, and candidates named for all of these offices, which was designated on both printed ballots as “Citizens.”
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'Appeal from Garroll District Court. — Hon. Z. A. Church, Judge. Tiie defendants were mayor, treasurer, recorder, councilman, and assessor of the incorporated town of Breda prior to the election of March 28,1898, and claim to hold over because of no election on that day. A ticket was duly nominated by petition, and candidates named for all of these offices, which was designated on both printed ballots as “Citizens.” A caucus, designated in the call printed in a local paper as “Citizen’s Caucus,” was held on March 16, 1898, and B. K. Jackson nominated for mayor, F. N. Bruning for treasurer,…
1Opinion of the CourtLadd, J.
1 *1602 *159The ballots east at the election in the incorporated town of Breda, March 28, 1898, were not prepared and printed by any one authorized by law. The statute confers this duty on the recorder without any supervision on the part of the mayor or council. Section 1107, Code. It is only when objections are filed that the mayor and members of the council may act, and then only to pass upon the particular objections urged. Section 1103, Code. In this case no objections were filed, and the mayor and three councilmen, in assuming to correct the ballot, were mere intermeddlers. Whether the meeting of…
2Cases cited4 opinions
- Miller v. PennoyerOregon Supreme Court · 1893
- Lindstrom v. Board of CanvassersMichigan Supreme Court · 1893
- Cook v. FisherSupreme Court of Iowa · 1896
- State ex rel. Hogle v. SmithSupreme Court of Iowa · 1895
3Cited by14 opinions
- Kinney v. HowardSupreme Court of Iowa · 1907
- Mathewson v. CampbellSupreme Court of Kansas · 1914
- Peabody v. BurchSupreme Court of Kansas · 1907
- Younker v. SusongSupreme Court of Iowa · 1916
- Lehigh Sewer Pipe & Tile Co. v. Incorporated Town of LehighSupreme Court of Iowa · 1912
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