Patten v. Haselton
Supreme Court of Iowa
Appeal from Carroll District Court. — Hon. M. E. Hutchinson, Judge. Action of mandamus against the members of the board of supervisors of Carroll county acting as canvassers of election returns.
Read the full summary
Appeal from Carroll District Court. — Hon. M. E. Hutchinson, Judge. Action of mandamus against the members of the board of supervisors of Carroll county acting as canvassers of election returns. The prayer of the petition is that the defendants be ordered to declare the plaintiff duly elected, at the general election of 1912, as a member of the board of supervisors of Carroll county for the term beginning January 1, 1914. Upon trial had, plaintiff’s petition was dismissed, and he appeals.
1Opinion of the CourtEvans, J.
Some controversy is presented over questions of practice. The defendants challenge the right of the plaintiff to try the question presented in an action of mandamus. In view of our conclusions on other features -of the case, we shall have no occasion to pass upon this question. Also the appellant contends that the ease is triable here de novo, on appeal, whereas the defendants contend that it is triable on errors only.
We find ourselves in accord with the trial court in the finding of facts. It is therefore immaterial, for the purpose of this appeal, whether it be deemed triable de novo or…
2Cases cited10 opinions
- The People Ex Rel. Furman v. . CluteNew York Court of Appeals · 1872
- State ex rel. Bancroft v. FrearWisconsin Supreme Court · 1910
- Barnum v. GilmanSupreme Court of Minnesota · 1881
- State ex rel. Clawson v. BellIndiana Supreme Court · 1907
- State ex rel. Holden v. TierneyWisconsin Supreme Court · 1868
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Fields v. NicholsonIndiana Supreme Court · 1926
- Welty v. McMahonSupreme Court of Iowa · 1982
- State Ex Rel. Jackson v. County Court of McDowell CountyWest Virginia Supreme Court · 1969
- State ex rel. Cleveland v. StacySupreme Court of Alabama · 1955
- Davies v. WilsonSupreme Court of Iowa · 1940
6 more not listed; retrieve them via the Exa API.