Dixon v. Orr
Supreme Court of Arkansas
APPEAL from Miller Circuit Court. B. F. Asicew, Judge. The ordinary rules of evidence apply in election contests. McCrary on Elec., sec. 306. The depositions of the witnesses, Boykin and Lewis, were incompetent.
Read the full summary
APPEAL from Miller Circuit Court. B. F. Asicew, Judge. The ordinary rules of evidence apply in election contests. McCrary on Elec., sec. 306. The depositions of the witnesses, Boykin and Lewis, were incompetent. They testify to contents of returns, when there were none. 33 Ark., 430; 32 id., 333. Their testimony is secondary evidence. 23 N. Y., 43. The ballots are the best evidence. 28 Cal., 123. See, also, Mc-Crary on Elec., sec. 391; 19 Ohio St., 306, 319. The poll books and tally sheets are competent evidence in a contested election to show the vote. They are good -until impeached, and…
1Opinion of the CourtSmith, J.
At the general election which took place in September, 1886, Dixon and Orr were opposing candidates for the office of Sheriff of Miller county. Accrding to the returns certified to the County Clerk, Dixon received 1015 votes and Orr 987 votes. No return was, however, made from Red River township, the voting precinct of which was at Garland City. Dixon received the commission, and Orr instituted his contest for the office. The sole ground relied upon in his notice of contest was the suppression of the vote of Red River township. The judgment, both of the County Court and of the Circuit Court,…
2Cited by11 opinions
- Files v. HillSupreme Court of Arkansas · 1980
- Lane v. BaileyMontana Supreme Court · 1904
- Condren v. GibbsSupreme Court of Arkansas · 1910
- Cain v. CarlleeSupreme Court of Arkansas · 1925
- Rampendahl v. CrumpSupreme Court of Oklahoma · 1909
6 more not listed; retrieve them via the Exa API.