Moorhead v. Arnold
Supreme Court of Kansas
Error from Lyon district court; Frederick A. Meckel, judge. STATEMENT. The official returns disclosed that G. F. Arnold was elected to the office of county commissioner from the second commissioner district of Lyon county over his opponent, E. Moorhead. . In due time Moorhead commenced a contest for the office, alleging errors and mistakes on the part of the judges, clerks and canvassers of election in ascertaining and declaring the result of the election whereby legal…
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Error from Lyon district court; Frederick A. Meckel, judge. STATEMENT. The official returns disclosed that G. F. Arnold was elected to the office of county commissioner from the second commissioner district of Lyon county over his opponent, E. Moorhead. . In due time Moorhead commenced a contest for the office, alleging errors and mistakes on the part of the judges, clerks and canvassers of election in ascertaining and declaring the result of the election whereby legal ballots in his favor were rejected, whereby the benefit.of ballots cast for him was lost in keeping and footing the…
1Opinion of the Court
*141The opinion of the court was delivered by
Burch, J.:
In the second volume of Wigmore on Evidence, at page 1345, it is said that the law “assumes the objectivity of external nature; and,.for the purposes of judicial investigation, a thing perceived by the tribunal as existing does exist.” On the following page of the same work it is further stated:
“There is always a question as to the relevancy of a circumstance, or the qualifications of a witness; there can never be a question as to the relevancy of the thing itself, autoptically produced. Add to this that, since either sort of evidence,…
2Cases cited2 opinions
- City of Topeka v. MartineauSupreme Court of Kansas · 1889
- Kansas City & Southwestern Railroad v. BairdSupreme Court of Kansas · 1889
3Cited by7 opinions
- Lovey v. Escambia CountyDistrict Court of Appeal of Florida · 1962
- Campbell v. RamseySupreme Court of Kansas · 1939
- Huggins v. Kansas Power & Light Co.Supreme Court of Kansas · 1947
- Free v. WoodSupreme Court of Kansas · 1933
- Henley v. Elmore CountyIdaho Supreme Court · 1952
2 more not listed; retrieve them via the Exa API.