Legal Opinion

Barr v. Cardell

Supreme Court of Iowa

Decided December 16, 1915PublishedCited by 24 opinions

Appeal from Dallas District Court. — Lorin N. Hays, Judge. This is a contest to ascertain who was elected superior judge by the voters in the city of Perry, November 3, 1914. 'Robert S. Barr was the only candidate for nomination at the primary in June preceding and, of course, was duly nominated and his name printed in the non-partisan judicial ticket on the ballot used at the election. He received 214 votes.

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Appeal from Dallas District Court. — Lorin N. Hays, Judge. This is a contest to ascertain who was elected superior judge by the voters in the city of Perry, November 3, 1914. 'Robert S. Barr was the only candidate for nomination at the primary in June preceding and, of course, was duly nominated and his name printed in the non-partisan judicial ticket on the ballot used at the election. He received 214 votes. The name of W. W. Cardell was written in such ticket by the electors, and in that way 440 ballots were, cast for him, Cardell was declared by the board of supervisors, acting as…

1Opinion of the CourtLadd, J.

At the general election of 1914, Robert S. Barr was candidate for the office of superior judge in the city of *20Perry and, as lie had been nominated at the preceding- primary, his name was printed on the non-partisan judicial ticket. He received 214 votes. "W. W. Cardell had not been nominated, but many electors wrote his name on the ballot, and in this way he received 440 votes. Barr contends that, even on this showing, Cardell is not entitled to the office; for that only those nominated at the primary are eligible to election, and relies on Chapter 2-B of Title VI of the Code Supplement,…

2Cases cited11 opinions

  1. Bowers v. SmithSupreme Court of Missouri · 1892
  2. Eckerson v. City of Des MoinesSupreme Court of Iowa · 1908
  3. State ex rel. Lamar v. DillonSupreme Court of Florida · 1893
  4. Eley v. MillerIndiana Court of Appeals · 1893
  5. Commonwealth ex rel. McCormick v. ReederSupreme Court of Pennsylvania · 1895

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3Cited by24 opinions

  1. City of Des Moines v. Manhattan Oil Co.Supreme Court of Iowa · 1921
  2. People v. . AlfaniNew York Court of Appeals · 1919
  3. Boykin v. HopkinsSupreme Court of Georgia · 1932
  4. Canaan v. AbdelnourCalifornia Supreme Court · 1985
  5. Cain v. Merchants National Bank & Trust Co.North Dakota Supreme Court · 1936

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