Legal Opinion

DeLong v. Brown

Supreme Court of Iowa

Decided April 10, 1901PublishedCited by 18 opinions

Appeal from Tama District Court.- — Hon. Obed Caswell, Judge. Election contest over tbe office of county superintendent of schools. Erom judgment .declaring contestant elected, the incumbent appeals.

1Opinion of the CourtLadd, J.

*3721 2 *371The statute requires the auditor to carefully preserve the ballots received1 from the judges of election for six months. Section 1142, Code. The particular manner or place is not pointed out. If carefully done, this precludes any reasonably well founded suspicion that they may *372have been changed or tampered with, and in such event they form the best evidence of who has been elected. With their integrity thus fully established, they are silent witnesses which can neither err nor lie. And it is generally held, where the manner or mode of preservation has been enjoined! by statute, a…

2Cases cited12 opinions

  1. People ex rel. Williams v. CicottMichigan Supreme Court · 1868
  2. Tebbe v. SmithCalifornia Supreme Court · 1895
  3. Hudson v. SolomonSupreme Court of Kansas · 1877
  4. People Ex Rel. Dailey v. . LivingstonNew York Court of Appeals · 1879
  5. Hunnicutt v. State ex rel. WittCourt of Appeals of Texas · 1889

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3Cited by18 opinions

  1. In the Interest of A.B. & S.B., Minor Children, S.B., FatherSupreme Court of Iowa · 2012
  2. Johnson v. Board of CanvassersWest Virginia Supreme Court · 1927
  3. Williamson v. MusickWest Virginia Supreme Court · 1906
  4. Donlan v. CookeSupreme Court of Iowa · 1931
  5. Murphy v. LentzSupreme Court of Iowa · 1906

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