State ex rel. Hogle v. Smith
Supreme Court of Iowa
Appeal from Linn District Court. — Hon. J. H. Preston, Judge. Action to test the right of the defendant Smith to the office of mayor, -and the defendants Boyd and Keedick to the office of trustees, of the incorporated town of Mt. Vernon, Iowa.
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Appeal from Linn District Court. — Hon. J. H. Preston, Judge. Action to test the right of the defendant Smith to the office of mayor, -and the defendants Boyd and Keedick to the office of trustees, of the incorporated town of Mt. Vernon, Iowa. The ease was tried to a jury, and at the conclusion of the introduction of evidence the court, on motion of the defendants, instructed the jury to return a verdict for the defendants, and rendered judgment against the relator, George W. Hogle, for the costs of the action, from which he appeals, assigning said instruction and judgment as errors.
1Opinion of the Court
Given, O. J.
I. This contention rests upon the following facts: On the sixth day of March, 1893, a general election was held in said town for the election of a mayor to succeed the defendant Smith, the then incumbent, and of two trustees to succeéd the defendants Boyd and Keedick, the then incumbents; also to elect one recorder to succeed Fred B. Neff, the then, recorder of said town. The following pro ceedings were had preparatory to, and at, said election: On February 23,1893, there was filed with Fred B. Neff, recorder, two certificates of nomination, and one nomination paper, in substance…
2Cited by7 opinions
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- State v. BernholtzSupreme Court of Iowa · 1898
- State ex rel. Read v. CristNew Mexico Supreme Court · 1919
- Cook v. FisherSupreme Court of Iowa · 1896
- Westphal v. City of Council BluffsSupreme Court of Iowa · 1979
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