Legal Opinion

Turner v. Hamilton

Wyoming Supreme Court

Decided April 29, 1905PublishedCited by 6 opinions

Error to the District Court, Natrona County. Election contest brought by Adah M. Turner against Ma)' Hamilton, the parties having been opposing candidates for the office of County Superintendent of Schools. A demurrer was sustained to the petition, and again to an amended petition, and thereupon judgment was rendered against the plaintiff, who instituted a proceeding in error. The facts are stated in the opinion.

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Error to the District Court, Natrona County. Election contest brought by Adah M. Turner against Ma)' Hamilton, the parties having been opposing candidates for the office of County Superintendent of Schools. A demurrer was sustained to the petition, and again to an amended petition, and thereupon judgment was rendered against the plaintiff, who instituted a proceeding in error. The facts are stated in the opinion. Where a cross is put on the official ballot in the square at the head of the party ticket without erasing the name of the candidate upon that ticket, every candidate in that column…

1Opinion of the Court

VaN Orsdel, Justice.

This is an election contest proceeding. At the general election held on the 6th day of November, 1900, the plaintiff in error and defendant in error were opposing candidates for the office of Superintendent of Schools in Natrona County. The plaintiff in error was the Republican candidate and the defendant in error was the Democratic candidate. The vote as counted by the County Board of Canvassers gave the plaintiff in error 390 votes and the defendant in error 403 votes, and thereupon a certificate of election was issued to the defendant in error.

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2Cases cited2 opinions

  1. Turner v. HamiltonWyoming Supreme Court · 1902
  2. State v. FinnSupreme Court of Iowa · 1876

3Cited by6 opinions

  1. Richardson Associates v. Lincoln-Devore, Inc.Wyoming Supreme Court · 1991
  2. Bell v. SchellWyoming Supreme Court · 2004
  3. Moore v. MooreWyoming Supreme Court · 1925
  4. Pérez v. LópezSupreme Court of Puerto Rico · 1912
  5. Soules v. WolfNorth Dakota Supreme Court · 1934

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