Viel v. Summers
Idaho Supreme Court
APPEAL from tbe District Court of tbe Sixth Judicial District, for Lemhi County. Hon. Ralph "W. Adair, Judge. Action to contest election of county commissioner of Lemhi county. Judgment for contestee. The ballot-box of Junction precinct having been proved to be safely kept, and in the same condition as when the ballots were placed in the box, the box locked and placed in the possession of the deputy sheriff, should have been admitted in evidence.
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APPEAL from tbe District Court of tbe Sixth Judicial District, for Lemhi County. Hon. Ralph "W. Adair, Judge. Action to contest election of county commissioner of Lemhi county. Judgment for contestee. The ballot-box of Junction precinct having been proved to be safely kept, and in the same condition as when the ballots were placed in the box, the box locked and placed in the possession of the deputy sheriff, should have been admitted in evidence. The election judges should not be permitted, either innocently or otherwise, to disfranchise electors, or count their ballots otherwise than as cast…
1Opinion of the CourtRice, C. J.
Appellant and respondent were Democratic and Republican candidates respectively for the office of county commissioner of Lemhi county at the election in 1920. On the face of the returns respondent had a majority of twenty-five votes, and was given the certificate of election. Appellant brought this contest on the ground that the said election returns were false, in that through the malconduct of the judges of election certain votes in Depot, Junction and Iron Creek precincts of said county which were east for him were unlawfully counted for respondent, and that such votes were sufficient in…
2Cases cited4 opinions
- Tebbe v. SmithCalifornia Supreme Court · 1895
- Hudson v. SolomonSupreme Court of Kansas · 1877
- Averyt v. WilliamsArizona Supreme Court · 1904
- Wheeler v. LawrenceSupreme Court of Kansas · 1908
3Cited by11 opinions
- Checketts v. ThompsonIdaho Supreme Court · 1944
- Reynolds Irr. Dist. v. SproatIdaho Supreme Court · 1948
- State v. SnoderlyIdaho Supreme Court · 1940
- Dubie v. BataniMontana Supreme Court · 1934
- Murrell v. Exchange BankSupreme Court of Arkansas · 1925
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