Clayton v. Prince
Supreme Court of Minnesota
W. W. Clayton appealed to the district court for St. Louis county from the decision of the mayor and commissioners of the city of Duluth, acting as a canvassing board, that at the special municipal election held September 16, 1913, 4,791 votes were cast in favor and 4,683 votes against Ordinance No. 355, and that the ordinance was adopted. ' The court appointed inspectors of ballots and the appeal was heard before Dancer, L, who made findings and ordered judgment in favor of…
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W. W. Clayton appealed to the district court for St. Louis county from the decision of the mayor and commissioners of the city of Duluth, acting as a canvassing board, that at the special municipal election held September 16, 1913, 4,791 votes were cast in favor and 4,683 votes against Ordinance No. 355, and that the ordinance was adopted. ' The court appointed inspectors of ballots and the appeal was heard before Dancer, L, who made findings and ordered judgment in favor of the contestees. Erom an order denying contestant’s motion for a new trial, he appealed.
1Opinion of the Court
Dibell, C.
This is an election contest. An ordinance was submitted to a referendum vote in accordance with the provisions of the city charter of Duluth at a special election held on September 16, 1913. The court found that the ordinance was carried. The contestant appeals from the- order denying his motion for a new trial.
At the election 9,514 ballots were cast. Of these 2,316 were cast by voters who did not register prior to the day of election. If all the ballots are counted the ordinance was adopted by a majority of 21. The question is upon the legality of the 2,316 ballots.
*119Section 38 of…
2Cases cited10 opinions
- In re the Senate of MinnesotaSupreme Court of Minnesota · 1865
- Contested Election of CusickLackawanna County Court of Quarter Sessions · 1890
- State Ex Rel. Quinn v. LattimoreSupreme Court of North Carolina · 1897
- State ex rel. Attorney General v. Southern Minnesota RailroadSupreme Court of Minnesota · 1871
- Fitzmaurice v. WillisNorth Dakota Supreme Court · 1910
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State ex rel. O'Hearn v. EricksonSupreme Court of Minnesota · 1922
- Erickson v. SammonsSupreme Court of Minnesota · 1954
- In Re Order of Sammons, Co. Superintendent of SchoolsSupreme Court of Minnesota · 1954
- Nelson v. BullardSupreme Court of Minnesota · 1923
- State ex rel. Walker v. BridgesNew Mexico Supreme Court · 1921
5 more not listed; retrieve them via the Exa API.