Day v. Kent
Oregon Supreme Court
Appeal from County Commissioners in District Court.— Error to Douglas. Dat and Kent were candidates for the sheriffalty of Douglas County, at the June election, 1851. When the county canvassers had duly examined the returns of said election for said county, they found that Day had received the highest number of votes for said office, and gave to him a certificate of his election. Day then entered upon the discharge of his duties as sheriff of Douglas County.
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Appeal from County Commissioners in District Court.— Error to Douglas. Dat and Kent were candidates for the sheriffalty of Douglas County, at the June election, 1851. When the county canvassers had duly examined the returns of said election for said county, they found that Day had received the highest number of votes for said office, and gave to him a certificate of his election. Day then entered upon the discharge of his duties as sheriff of Douglas County. On the 3d day of July, Kent gave notice to Day that he would contest the said election, in which notice he stated as eause for such…
1Opinion of the Court
Williams, C. <T.
Kent says that no poll-book was sent by the judges of the election in Cow Creek precinct to the county auditor, as directed in section 28, and, therefore, the return from said precinct should be wholly rejected.
Assuming the premises to be true, the legal conclusion drawn therefrom does not follow. County canvassers are only required to decide who has received “ the highest number of votes,” for any office to be filled by an election of the people, and no poll-book is necessary to enable them to make that decision. Clerks and judges of election in each precinct of a county are…
2Cited by8 opinions
- O'Laughlin v. City of KirkwoodMissouri Court of Appeals · 1904
- State ex rel. Reed v. SmithOregon Supreme Court · 1887
- Cresap v. GrayOregon Supreme Court · 1882
- Tuskaloosa Scientific & Art Ass'n v. GreenSupreme Court of Alabama · 1872
- Goings v. Black, Court of Common Pleas of Ohio, Franklin County, Civil Division1960
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