Farrell v. Larsen
Utah Supreme Court
Appeal from the First District Court, Cache County.— Hon. Charles H. Hart, Judge. Action by a rival candidate to contest the election of the defendant to the office of county clerk of Cache county, Utah. From a judgment in favor of the plaintiff, the defendant appealed. , There is no doubt that as a general proposition of law, the ballots are the best and primary evidence, and that the official canvass is secondary evidence.
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Appeal from the First District Court, Cache County.— Hon. Charles H. Hart, Judge. Action by a rival candidate to contest the election of the defendant to the office of county clerk of Cache county, Utah. From a judgment in favor of the plaintiff, the defendant appealed. , There is no doubt that as a general proposition of law, the ballots are the best and primary evidence, and that the official canvass is secondary evidence. State v. Judge, 13 Ala. 805; People v. Holder, 28 Cal. 123; Mc-Crary, Elections, secs. 291, 439; Davenport v. Olerich, 73 N. W. 603. But this rule, is changed unless the…
1Opinion of the CourtBaetch, J.
The plaintiff, who was ;a rival, candidate, brought this action to contest the election of the defendant to the office of county clerk of Cache county, Utah. The contestant alleged that the board of canvassers, at the election held November 4,1902, returned 3,060 votes for him and 3,066 votes for the contestee; that a certificate of election was issued to the contestee; that in all of the districts of the county legal votes for the contestant were rejected, and illegal votes counted for“the contestee; that ballots improperly marked, and bearing marks of identification, were counted for the…
2Cases cited17 opinions
- Hudson v. SolomonSupreme Court of Kansas · 1877
- People Ex Rel. Dailey v. . LivingstonNew York Court of Appeals · 1879
- Davenport v. OlerichSupreme Court of Iowa · 1897
- Newton v. NewellSupreme Court of Minnesota · 1880
- Kingery v. BerryIllinois Supreme Court · 1880
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3Cited by8 opinions
- Ramsay v. WilhelmCourt of Appeals of Texas · 1932
- Johnson v. Board of CanvassersWest Virginia Supreme Court · 1927
- Williamson v. MusickWest Virginia Supreme Court · 1906
- Murphy v. LentzSupreme Court of Iowa · 1906
- Thornhill v. WearSupreme Court of Louisiana · 1912
3 more not listed; retrieve them via the Exa API.