Lynip v. Buckner
Nevada Supreme Court
Appeal from judgment and order overruling motion for new trial, from District Court, Humboldt county; Q. E. Mach, District Judge, presiding. The points sufficiently appear in the opinion. Appellant relies on the proposition that the ignorance, mistake, or even fraud, of the members of the election officers (in this case there is not even a pretense of fraud) cannot deprive -the voter of his constitutional right to vote and have his vote counted.
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Appeal from judgment and order overruling motion for new trial, from District Court, Humboldt county; Q. E. Mach, District Judge, presiding. The points sufficiently appear in the opinion. Appellant relies on the proposition that the ignorance, mistake, or even fraud, of the members of the election officers (in this case there is not even a pretense of fraud) cannot deprive -the voter of his constitutional right to vote and have his vote counted. (Stinson v. Sweeney, 17 Nev. 310-322.) Punctuating the inviolability of this constitutional privilege of the lawful voter, after due observance on…
1Opinion of the Court
By the Court,
Belknap, J.:
Opinion on motion to dismiss appeal and strike out statement:
This is an election contest.
The parties were candidates for the office of district attorney for Humboldt county at the general election of November, 1894. According to the official returns, Gen. Buckner received the highest number of votes, and a certificate of his election was issued. Thereafter a contest was inaugurated by respondent, Lynip, and such proceedings had as resulted in a judgment of the district court in his favor, and against Buckner. A motion for a new trial was made in the district court by…
2Cited by18 opinions
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- Cirac v. Lander CountyNevada Supreme Court · 1979
- Carwile v. JonesMontana Supreme Court · 1909
- Dennis v. CaughlinNevada Supreme Court · 1895
- State v. Eric A. L.Nevada Supreme Court · 2007
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