Legal Opinion

Edmonds v. Banbury

Supreme Court of Iowa

Decided October 26, 1869PublishedCited by 31 opinions

Appeal from General Term, Eighth Dist/riot {Johnson. Gormty), The plaintiff brings this action against the defendants, who were the judges of a certain election described in the petition, and claims damages against them for maliciously and willfully refusing to receive his ballot or allow him to vote. Answer in denial.

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Appeal from General Term, Eighth Dist/riot {Johnson. Gormty), The plaintiff brings this action against the defendants, who were the judges of a certain election described in the petition, and claims damages against them for maliciously and willfully refusing to receive his ballot or allow him to vote. Answer in denial. The cause was submitted on the following agreed statement of facts: It is agreed and stipulated in this cause now pending in the District Court of Johnson county, Iowa, that the following are the facts upon which the cause is to be tried, and the judgment rendered, to wit: that…

1Opinion of the Court

Dillon, Ch. J.

registkti.aw: xty thereof. Respecting the “right of suffrage,” the constitution of this State (art. 2, § 1) contains this provision: “Every white male citizen of the United States, oi the age oi twenty-one years, who shall have been a resident of this state for six months next preceding the election, and of the county in which he claims his vote sixty days, shall be entitled to vote at all elections which are now or hereafter may be authorized by law.”

*271This section of the Constitution defines who shall be an elector. Our system of government is based upon the popular will. This…

2Cases cited2 opinions

  1. State ex rel. Cothren v. LeanWisconsin Supreme Court · 1859
  2. Auld v. WaltonSupreme Court of Louisiana · 1857

3Cited by31 opinions

  1. Koy v. SchneiderTexas Supreme Court · 1920
  2. State ex rel. Lamar v. DillonSupreme Court of Florida · 1893
  3. Ladd v. HolmesOregon Supreme Court · 1901
  4. Hindman v. BoydWashington Supreme Court · 1906
  5. Coggeshall v. City of Des MoinesSupreme Court of Iowa · 1908

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