Legal Opinion

Davenport v. Olerich

Supreme Court of Iowa

Decided December 18, 1897PublishedCited by 24 opinions

Appeal from Carroll District Court. — Hon. Z. A. Church, Judge. Election contest for the office of county attorney. From judgment declaring the incumbent entitled to the office, the contestant appeals.

1Opinion of the CourtLadd, J.

The board of supervisors, as county canvassers, found Olerich duly elected to the office of county attorney of Carroll county at the general election of 1896. This finding was contested by Davenport, and the court of contest, organized under the statute, decided that Davenport had received more votes than Olerich, and was entitled to the office. Ole-rich appealed to the district court, where it was held “that the ballots offered in evidence in this cause were preserved so carelessly as to expose them readily to fraudulent alterations, abstraction, substitution and destruction; and that the…

2Cases cited7 opinions

  1. People Ex Rel. Dailey v. . LivingstonNew York Court of Appeals · 1879
  2. Newton v. NewellSupreme Court of Minnesota · 1880
  3. Hartman v. YoungOregon Supreme Court · 1888
  4. Powell v. HolmanSupreme Court of Arkansas · 1887
  5. Albert v. TwohigNebraska Supreme Court · 1892

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3Cited by24 opinions

  1. Johnson v. Board of CanvassersWest Virginia Supreme Court · 1927
  2. Mentzer v. DavisSupreme Court of Iowa · 1899
  3. Wittson v. DowlingSupreme Court of North Carolina · 1920
  4. DeLong v. BrownSupreme Court of Iowa · 1901
  5. State Ex Rel. Peacock v. LathamSupreme Court of Florida · 1936

19 more not listed; retrieve them via the Exa API.

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