Murphy v. Lentz
Supreme Court of Iowa
Appeal from Chicleasaw District Court.— Hon. L. E. Fellows, Judge. The parties hereto were opposing candidates for the office of auditor in and for Chickasaw County at the General election of 1904. Lentz was declared elected hy the board of supervisors acting as canvassing board. Thereupon Murphy filed a statement of contest and upon trial before the court of contest was declared elected. Lentz then appealed to the district court where that decision was affirmed. He appeals.—
1Opinion of the Court
Ladd, J.—
The parties stipulated that “ a count of the ballots as they now appear if admissible in evidence shows a greater number of ballots for contestant than incumbent.” *330The remaining issue is whether the ballots have been so preserved as to indicate with reasonable certainty that when offered in evidence they were in the same condition as when cast by the electors. Davenport v. Oelrich, 104 Iowa, 194; Mentzer v. Davis, 109 Iowa, 528; De Long v. Brown, 113 Iowa, 370.
1. TEOTs^appeais" I. Errors are neither assigned nor argued and appellee insists that the‘cause cannot be heard anew. Nor…
2Cases cited16 opinions
- Town of Plymouth v. PainterSupreme Court of Connecticut · 1846
- Davenport v. OlerichSupreme Court of Iowa · 1897
- McCue v. County of WapelloSupreme Court of Iowa · 1881
- Mentzer v. DavisSupreme Court of Iowa · 1899
- Buck v. Hawley & HoopsSupreme Court of Iowa · 1906
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3Cited by12 opinions
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- Devine v. WonderlichSupreme Court of Iowa · 1978
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- State Ex Rel. Peacock v. LathamSupreme Court of Florida · 1936
- Donlan v. CookeSupreme Court of Iowa · 1931
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