State ex rel. Hocknell v. Roper
Nebraska Supreme Court
Rehearing of case reported in 46 Neb., 724, on application for mandamus to compel the officers of Red Willow county to remove their offices from Indianola to McCook. The issues appear in the opinion and in the former report of the case. Blank ballots, and ballots from which it is impossible to determine the elector’s choice, are not votes, are void, and should not be counted. (Old-know v. Waimoright, 1 Wm.
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Rehearing of case reported in 46 Neb., 724, on application for mandamus to compel the officers of Red Willow county to remove their offices from Indianola to McCook. The issues appear in the opinion and in the former report of the case. Blank ballots, and ballots from which it is impossible to determine the elector’s choice, are not votes, are void, and should not be counted. (Old-know v. Waimoright, 1 Wm. Bl. [Eng.], 229; Rex v. Foxcroft, 2 Burr. [Eng.], 1017; State v. Green, 37 O.. St., 230; St. Joseph Toumship v. Rogers, 16 Walk [U. S.], 644; Gass Gounty v. Johnson, 5 Otto [U. S.], 360;…
1Opinion of the Court
Ryan, C.
This case has twice' received the attention of this court, vide State v. Roper, 46 Neb., 724, and under same title, 46 Neb., 730. By the action of this court above last referred to there were left to> contest the questions presented only such defendants as it is claimed were bound by reason of being county officers, to remove their respective *420■offices to McCook, the place where, as the relator insists, the county seat of Red Willow county was relocated by a special election held to determine that proposition. By the opinion first above referred to, the mandamus applied for was denied.…
2Cases cited15 opinions
- County of Cass v. JohnstonSupreme Court of the United States · 1877
- People Ex Rel. Smith v. PeaseNew York Court of Appeals · 1863
- Rushville Gas Co. v. City of RushvilleIndiana Supreme Court · 1889
- People ex rel. Wheaton v. WiantIllinois Supreme Court · 1868
- State ex rel. Jones v. County CommissionersNebraska Supreme Court · 1877
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3Cited by11 opinions
- Meixell v. Hellertown Borough CouncilSupreme Court of Pennsylvania · 1952
- Board of Ed. of Oklahoma City v. WoodworthSupreme Court of Oklahoma · 1923
- State ex rel. Short v. ClausenWashington Supreme Court · 1913
- Tecumseh National Bank v. SaundersNebraska Supreme Court · 1897
- Bryan v. City of LincolnNebraska Supreme Court · 1897
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