Orr v. Bailey
Nebraska Supreme Court
Appeal from the district court of Hayes county. Heard below before Grimes, J. See opinion for statement of the case. The omission of the judges of election to indorse their names on the ballots was an oversight. The court should not disfranchise voters on account of the failure of the election officers to perform their duty. The statutory requirement that names of two judges should be indorsed on ballots ought not to be construed as a mandatory provision.
Read the full summary
Appeal from the district court of Hayes county. Heard below before Grimes, J. See opinion for statement of the case. The omission of the judges of election to indorse their names on the ballots was an oversight. The court should not disfranchise voters on account of the failure of the election officers to perform their duty. The statutory requirement that names of two judges should be indorsed on ballots ought not to be construed as a mandatory provision. See Swearingen v. Roberts, 12 Nebr., 337; Buckner v. Lynip, 41 Pac. Rep. [Nev.], 765; Tracy v. Troy & B. R. Co., 38 N. Y., 437; Stale v.…
1Opinion of the CourtHarrison, C. J.
At the general election held in November, 1895, the contestant was the republican candidate for sheriff of Hayes county, and the contestee the democratic candidate for said office, and the two “were the only candidates *130for the office. As a result of a canvass of the votes the former, it was determined, had received 300 votes and the latter 309. The contestee was declared elected, and the other party instituted this, a statutory contest. From a judgment in the county court favorable to the contestee the defeated party appealed to the district court, and it was there decided that the contestant…
2Cases cited5 opinions
- Jones v. State ex rel. AtherbySupreme Court of Kansas · 1863
- Lankford v. GebhartSupreme Court of Missouri · 1885
- West v. RossSupreme Court of Missouri · 1873
- Ledbetter v. HallSupreme Court of Missouri · 1876
- Barnes v. Board of SupervisorsMississippi Supreme Court · 1875
3Cited by15 opinions
- Hammond v. LoveCourt of Appeals of Maryland · 1946
- Kirkpatrick v. DeegansWest Virginia Supreme Court · 1903
- Newhouse v. AlexanderSupreme Court of Oklahoma · 1909
- Rhodes v. DriverSupreme Court of Arkansas · 1901
- Swan v. BowkerNebraska Supreme Court · 1938
10 more not listed; retrieve them via the Exa API.