Legal Opinion

Furguson v. Henry

Supreme Court of Iowa

Decided October 4, 1895PublishedCited by 11 opinions

Appeal from, Cedar District Court. — Hon. W. D. Thompson, Judge. The plaintiff is the contestant for, and the defendant the incumbent of, the office of county clerk of Cedar county, and at the general election in 1894 the plaintiff was the Democratic candidate and the defendant the Republican candidate for such office. The board of supervisors, in its canvass of the returns declared the defendant elected, and the plaintiff instituted proceedings to contest the election.

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Appeal from, Cedar District Court. — Hon. W. D. Thompson, Judge. The plaintiff is the contestant for, and the defendant the incumbent of, the office of county clerk of Cedar county, and at the general election in 1894 the plaintiff was the Democratic candidate and the defendant the Republican candidate for such office. The board of supervisors, in its canvass of the returns declared the defendant elected, and the plaintiff instituted proceedings to contest the election. The court of contest, which name, for convenience, we will use for the special tribunal, determined that the contestant was…

1Opinion of the CourtGranger, J.

1 The canvass of the votes in the townships of the county was made November 7,1894. The canvass of the returns by the board of supervisors was made on November 12,1894. The statement of contest was filed with the county auditor on the first day of December, 1894. The incumbent, before the court of contest, moved to dismiss the petition of contestant, on the ground that the court was without jurisdiction, it having been filed more than twenty days after the canvass of the votes by the judges of election. The motion was overruled, and was again presented and overruled in the district court, and…

2Cases cited1 opinion

  1. Clark v. TracySupreme Court of Iowa · 1895

3Cited by11 opinions

  1. Welsh v. ShumwayIllinois Supreme Court · 1907
  2. Davenport v. OlerichSupreme Court of Iowa · 1897
  3. DeLong v. BrownSupreme Court of Iowa · 1901
  4. State ex rel. Dusey v. Creston Mutual Telephone Co.Supreme Court of Iowa · 1923
  5. Matzdorff v. ThompsonSupreme Court of Iowa · 1933

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