Lansdon v. State Board of Canvassers
Idaho Supreme Court
Original application by the secretary of state against the state board of canvassers for a writ of review. Under our statute the state board of canvassers is certainly vested with judicial functions.
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Original application by the secretary of state against the state board of canvassers for a writ of review. Under our statute the state board of canvassers is certainly vested with judicial functions. (Sec. 458, Rev. Codes.) The petition alleges that the abstracts of votes sent to the state canvassers from the various counties showed on their face that 6,849 more first choice votes for the office of governor on the Republican ticket were certified- and returned than second choice votes. The ease of Adams v. Lansdon, ante, p. 483, 110 Pac. 280, decided that all ballots which failed to designate…
1Opinion of the CourtAilshie, J.
In this proceeding it is sought to review the action of the state canvassing board. Since the right of the plaintiff to proceed by writ of review is questioned, it is necessary to recall the province of that writ and the scope of its operation. Under the statute, see. 4962, the writ will only issue to review the exercise, or rather excessive exercise, of judicial functions. A writ brings up the record of the board, tribunal or body whose acts are to be examined. The statute, sec. 4968, provides that, “The review upon this writ cannot be extended further than to determine whether the inferior…
2Cases cited17 opinions
- Dickey v. ReedIllinois Supreme Court · 1875
- Williamson v. LaneTexas Supreme Court · 1879
- Quinchard v. Board of TrusteesCalifornia Supreme Court · 1896
- Toncray v. BudgeIdaho Supreme Court · 1908
- Adams v. LansdonIdaho Supreme Court · 1910
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3Cited by29 opinions
- Jarman v. MasonSupreme Court of Oklahoma · 1924
- Dabney v. HookerSupreme Court of Oklahoma · 1926
- Hay v. HayIdaho Supreme Court · 1924
- Mathison v. FeltonIdaho Supreme Court · 1965
- Wagoner County Election Board v. PlunkettSupreme Court of Oklahoma · 1956
24 more not listed; retrieve them via the Exa API.