Odegard v. Lemire
Supreme Court of Minnesota
From the decision of the canvassing board for Aitkin county, declaring the contestee, J. B. Eemire, elected auditor of that county, the contestant, Carl Odegard, appealed to the district court which issued an order to show cause.
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From the decision of the canvassing board for Aitkin county, declaring the contestee, J. B. Eemire, elected auditor of that county, the contestant, Carl Odegard, appealed to the district court which issued an order to show cause. The contestee could not be found and was not served with notice of appeal within the time limited by statute, but appeared specially and objected to further proceedings being had in the matter on the ground that the court had not acquired jurisdiction. From an order, McClenahan, J., discharging the order to show cause, contestant appealed. The filing of the notice of…
1Opinion of the CourtStart, C. J.
The parties hereto were rival candidates at the last general election for the office of auditor of the county of Aitkin. The respondent on November 11, 1908, was declared, by the county canvassing board, elected by a majority of four votes. The appellant within ten days thereafter, and on November 20, filed with the clerk of the district of the proper county a notice of appeal, specifying the points upon which the contest would be made, from the decision of the canvassing board; but he did not serve a copy of the notice of appeal upon the contestee, the respondent herein, until November 24.…
2Cases cited6 opinions
- State v. StroscheinSupreme Court of Minnesota · 1906
- Becklin v. BecklinSupreme Court of Minnesota · 1906
- Prindle v. CampbellSupreme Court of Minnesota · 1864
- Duryea v. SibleySupreme Court of Minnesota · 1899
- Borer v. KolarsSupreme Court of Minnesota · 1877
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3Cited by15 opinions
- Austro-Hungarian Consul v. G. A. WestphalSupreme Court of Minnesota · 1912
- Phillips v. EricsonSupreme Court of Minnesota · 1957
- Franson v. CarlsonSupreme Court of Minnesota · 1965
- Holmen v. MillerSupreme Court of Minnesota · 1973
- Strom v. LindstromSupreme Court of Minnesota · 1937
10 more not listed; retrieve them via the Exa API.