Carwile v. Jones
Montana Supreme Court
Appeal from District Court, Yellowstone County; W. B. C. Stewart, Judge, presiding. ■Election Contest by Nat. G. Carwile against Lorin T. Jones. From a judgment for plaintiff, defendant appeals. Respondent in an election contest may have errors appearing on the record reviewed, though he takes no appeal. (Vorhees v. Arnold, 108 Iowa, 77, 78 N. W. 797; First Nat.
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Appeal from District Court, Yellowstone County; W. B. C. Stewart, Judge, presiding. ■Election Contest by Nat. G. Carwile against Lorin T. Jones. From a judgment for plaintiff, defendant appeals. Respondent in an election contest may have errors appearing on the record reviewed, though he takes no appeal. (Vorhees v. Arnold, 108 Iowa, 77, 78 N. W. 797; First Nat. Bank v. Wright, 84 Iowa, 728, 48 N. W. 91, 50 N. W. 23.) “The mere personal presence of a person otherwise qualified in a voting precinct, for the period required by law, does not necessarily constitute such person an elector, unless…
1Opinion of the CourtJustice Holloway
At the general election held in November, 1908, Lorin T. Jones was the Republican candidate, and Nat. G. Carwile the Democratic candidate, for the office of clerk of the district court of Yellowstone county. The votes were counted, returned and canvassed, and from the canvass it appeared that Jones had received 1,584 votes, and Carwile 1,574 votes. A certificate of election was thereupon issued to Jones, and Carwile contested the election. Upon the trial of the contest the district court found that Carwile had received 1,577 votes, while Jones had received 1,575 votes. From the judgment…
2Cases cited18 opinions
- Parker v. OrrIllinois Supreme Court · 1895
- Black v. PateSupreme Court of Alabama · 1900
- Rexroth v. ScheinIllinois Supreme Court · 1903
- Moyer v. Van de VanterWashington Supreme Court · 1895
- Vanderpœl v. O'HanlonSupreme Court of Iowa · 1880
13 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- State Ex Rel. Sathre v. MoodieNorth Dakota Supreme Court · 1935
- Goodell v. Judith Basin CountyMontana Supreme Court · 1924
- Hunt v. CampbellArizona Supreme Court · 1917
- Findley v. SorensonArizona Supreme Court · 1929
- Peterson v. BillingsMontana Supreme Court · 1939
19 more not listed; retrieve them via the Exa API.