Legal Opinion

State ex rel. Alderson v. Jones

Supreme Court of Iowa

Decided October 6, 1860PublishedCited by 10 opinions

Appeal from Hardin District Court. Upon the 5th day of April, 1858, the question of the removal of the county seat of Hardin county from Eldora to Point Pleasant, was submitted to tbe voters of said county. Upon the 9th of April, 1858, the defendants, John Jones as the county judge, Ellis Parker and Joseph Edington as justices, convened as a hoard of canvassers for the purpose of canvassing the votes cast at said election.

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Appeal from Hardin District Court. Upon the 5th day of April, 1858, the question of the removal of the county seat of Hardin county from Eldora to Point Pleasant, was submitted to tbe voters of said county. Upon the 9th of April, 1858, the defendants, John Jones as the county judge, Ellis Parker and Joseph Edington as justices, convened as a hoard of canvassers for the purpose of canvassing the votes cast at said election. The said board declared, as the result of such canvass, that there had been at said election, one thousand and sixty votes cast; that five hundred and sixty were for the…

1Opinion of the CourtBaldwin, J.

The first, and most important question to be determined, is whether the record (admitting the correction upon thq court record to have been properly made) discloses any such ruling upon the application of Moore to set aside the report of the canvassers, as could be appealed from, or that in any manner shows his right to appeal. The amended record shows that he offered to file a motion and affidavit, but was refused that right, to which he excepted. No bill of exceptions was signed by the court, nor docs such motion in any manner appear to have been a matter of record except by the certificate…

2Cases cited1 opinion

  1. Harmon v. ChandlerSupreme Court of Iowa · 1856

3Cited by10 opinions

  1. Atchison & Nebraska Railroad v. WagnerSupreme Court of Kansas · 1877
  2. Borgalthous v. Farmers & Merchants' Ins.Supreme Court of Iowa · 1873
  3. Fleming v. MershonSupreme Court of Iowa · 1873
  4. Garberson v. GarbersonSupreme Court of Iowa · 1950
  5. Chicago, B. Q.R. Co. v. BoardSupreme Court of Iowa · 1928

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