Mauck v. Brown
Nebraska Supreme Court
Appeal from the district court of Nuckolls county. Heard below before Hastings, J. See opinion for statement of the case. Ballots on which the name of one judge only was indorsed should be counted. A voter, who complies with the law, and marks his ballot correctly should not be disfranchised for errors, fraud or negligence of election officers.
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Appeal from the district court of Nuckolls county. Heard below before Hastings, J. See opinion for statement of the case. Ballots on which the name of one judge only was indorsed should be counted. A voter, who complies with the law, and marks his ballot correctly should not be disfranchised for errors, fraud or negligence of election officers. See Horning v. Burgess, 77 N. W. Rep. [Mich.], 446; People v. -Wood, 148 N. Y., 142; People v. Bates, 11 Mich., 362; Lindstorm v. Board of Canvassers, 94 Mich., 467; Bragdon v. Navarre, 102 Mich., 259; People v. Avery, 102 Mich., 572; Moyer v. Van De…
1Opinion of the CourtHarrison, C. J.
The two parties to this action were candidates for the office of county attorney of Nuckolls county at the general election held November 8, 1898, and as a result of a canvass of the votes cast the appellant was declared elected, and the certificate of election was issued to him. It was determined that he had received 1,285 votes, and the appellee 1,284. The appellee, who had been for nearly two years prior to, and was at the time of, the election county attorney, refused to surrender the office, and instituted in the county co,urt this action — a contest of the election. The contestant was…
2Cases cited2 opinions
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