Legal Opinion

Dennis v. Caughlin

Nevada Supreme Court

Decided July 5, 1895No. 1442PublishedCited by 16 opinions

Appeal from judgment and order overruling motion for new trial from District Court, Washoe county; George F. Talbot, District Judge, presiding. The facts sufficiently appear in the opihion. The only question in this case is whether John Hayes received more lawful votes than the 561 found by the judge at the trial to have been cast for him for the office.

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Appeal from judgment and order overruling motion for new trial from District Court, Washoe county; George F. Talbot, District Judge, presiding. The facts sufficiently appear in the opihion. The only question in this case is whether John Hayes received more lawful votes than the 561 found by the judge at the trial to have been cast for him for the office. Respondent may attempt to urge errors in the court below against him, but such errors, if any, cannot be considered by this court, as respondent has not appealed. {Chittenden v. Brewster, 2 Wall. 191; Martin v. Northern Trans. Co., 12 Wall.…

1Opinion of the Court

By the Court,

Belknap, J.:

This is a contest brought by John H. Dennis, an elector of Washoe county, against the respondent, to determine whether John Hayes or W. H. Caughlin is legally entitled to the office of sheriff of Washoe county. According to the official returns, respondent received the highest number of votes, and was declared elected by the board of canvassers. At the trial it was stipulated that all returns and all ballots of each and every precinct in the county should be examined and considered, and legal ballots counted for whom cast, and under this stipulation the trial was had.…

2Cases cited8 opinions

  1. Parvin v. WimbergIndiana Supreme Court · 1892
  2. Whittam v. ZahorikSupreme Court of Iowa · 1894
  3. Moresi v. SwiftNevada Supreme Court · 1880
  4. Dougherty v. HenarieCalifornia Supreme Court · 1873
  5. Lynip v. BucknerNevada Supreme Court · 1895

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3Cited by16 opinions

  1. Partido Nuevo Progresista (P.N.P.) v. Rodríguez EstradaSupreme Court of Puerto Rico · 1988
  2. McMahon v. PolkSouth Dakota Supreme Court · 1897
  3. State ex rel. Orr v. FawcettWashington Supreme Court · 1897
  4. Ronnow v. City of Las VegasNevada Supreme Court · 1937
  5. Howser v. PepperNorth Dakota Supreme Court · 1899

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