Hull v. Eby ex rel. Eby
Supreme Court of Iowa
Appeal from, Mahaska District Court. — Hon. John T. Scott, Judge. At the general election of 1899 Wilfred Hull and W. W. Eby were opposing candidates for the office of county treasurer. The certificate of election was issued to Eby, whereupon Hull, who was the incumbent in office, contested. The board of contest found that Eby had been elected, and Hull appealed to the district court.
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Appeal from, Mahaska District Court. — Hon. John T. Scott, Judge. At the general election of 1899 Wilfred Hull and W. W. Eby were opposing candidates for the office of county treasurer. The certificate of election was issued to Eby, whereupon Hull, who was the incumbent in office, contested. The board of contest found that Eby had been elected, and Hull appealed to the district court. Eby then instituted quo warranto proceedings by permission of the court in the name of the state, the county attorney having refused to prosecute. By agreement the two cases were consolidated and tried together,…
1Opinion of the Court
Ladd], J.
The election contest in which Hull was a contestant and Eby incumbent, pending in the district court, was consolidated with the proceedings in quo warranto instituted by Eby. The trial resulted in confirming the election of Eby, whom the board of canvassers had declared elected, and the statute directed that in such an event “judgment shall be against the contestant for costs.” Section 1211, Code. Eby was also awarded the possession of the office, together with the books and money thereof, but, as Hull had turned these over since the hearing and prior to the signing of the decree,…
2Cases cited4 opinions
- Callanan v. VotrubaSupreme Court of Iowa · 1898
- Perry v. KasparSupreme Court of Iowa · 1901
- King v. DicksonSupreme Court of Iowa · 1901
- Fairbairn v. DanaSupreme Court of Iowa · 1885
3Cited by2 opinions
- Smith v. WillcocksonSupreme Court of Iowa · 1909
- Fowler v. VermillionSupreme Court of Iowa · 1914