Vailes v. Brown
Supreme Court of Colorado
Appeal from La Plata County Court. William T. Vailes and Callahill Brown were opposing candidates for the office of commissioner of La Plata county at the general election in November, 1890. The vote being canvassed, it appeared that the total number of votes cast for said office was 1,223, of which Vailes received 614, Brown 608, scattering 1. Vailes received the certificate of election.
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Appeal from La Plata County Court. William T. Vailes and Callahill Brown were opposing candidates for the office of commissioner of La Plata county at the general election in November, 1890. The vote being canvassed, it appeared that the total number of votes cast for said office was 1,223, of which Vailes received 614, Brown 608, scattering 1. Vailes received the certificate of election. This proceeding was instituted in the county court by Brown for the purpose of contesting the election of Vailes. The case being tried, the court found in favor of the contestor, Brown, and rendered judgment…
1Opinion of the CourtJustice Elliott
This was a contested election case under the act of April 10,1885. Session Laws, p. 193. The conte'stor having filed, his statement and served his summons, the contestee appeared and, first bv demurrer and afterwards by answer, challenged the jurisdiction of the court over the proceeding. The grounds of objection to the jurisdiction of the court were: First, that the proceeding was tried and determined by the county court instead of by the county judge; second, that the written statement of contest was not filed in the office of the clerk of the county court within ten days after the day when…
2Cases cited8 opinions
- Schwarz v. County CourtSupreme Court of Colorado · 1890
- Cooley v. CookMassachusetts Supreme Judicial Court · 1878
- English v. WilliamsonSupreme Court of Kansas · 1885
- Haley v. YoungMassachusetts Supreme Judicial Court · 1883
- In re TysonSupreme Court of Colorado · 1889
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3Cited by13 opinions
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- Johnston v. New Omaha Thomson-Houston Electric Light Co.Nebraska Supreme Court · 1910
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