Bradfield v. Avert
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, in and for Ada County. Hon. Fremont Wood, Judge. An action to contest the election to the office of county superintendent of schools. Judgment for contestant. Contestee appeals. Sec. 5026, and those sections following it, providing for. the institution and conduct of contests of election, belong to the law of procedure solely, and cannot be construed as prescribing disqualifications of persons to hold office.
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APPEAL from the District Court of the Third Judicial District, in and for Ada County. Hon. Fremont Wood, Judge. An action to contest the election to the office of county superintendent of schools. Judgment for contestant. Contestee appeals. Sec. 5026, and those sections following it, providing for. the institution and conduct of contests of election, belong to the law of procedure solely, and cannot be construed as prescribing disqualifications of persons to hold office. (Ward v. Crowell, 142 Cal. 587, 76 Pac. 491.) It is an eligible officer the law requires, and any person who can qualify…
1Opinion of the CourtStewart, J.
At the general election held in this state on the 3d day .of November, 1908, the appellant was elected to the office of county superintendent of public instruction in Owyhee county and received a certificate of election therefor. The respondent contests such election upon the ground that upon the date of such election the appellant had not *772had one year’s experience as a teacher in the state of Idaho while holding a valid first grade certificate, issued by a county superintendent of public instruction in this state.
The respondent demurred to the complaint upon the ground of insufficiency of…
Also in this document: Concurrence.
2Cases cited8 opinions
- State ex rel. Schuet v. MurrayWisconsin Supreme Court · 1871
- State ex rel. Off v. SmithWisconsin Supreme Court · 1861
- Toncray v. BudgeIdaho Supreme Court · 1908
- Hoy v. State, ex rel. BuchananIndiana Supreme Court · 1907
- Smith v. MooreIndiana Supreme Court · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Slater v. VarneyWest Virginia Supreme Court · 1951
- State Ex Rel. West, Atty. Gen. v. BreckinridgeSupreme Court of Oklahoma · 1912
- Jordan v. PearceIdaho Supreme Court · 1967
- State ex rel. Reynolds v. HowellWashington Supreme Court · 1912
- State Ex Rel. Dostert v. RigglemanWest Virginia Supreme Court · 1972
16 more not listed; retrieve them via the Exa API.