Spurrier v. McLennan
Supreme Court of Iowa
Appeal from Iowa District Court. — Hon. M. L Wade, Judge. This is a contest over the right to hold the office of clerk of the district court in and for Iowa county, each party claiming to have been elected thereto. The board of supervisors declared defendant to have been elected. In a proceeding before a court of contest, plaintiff’s case was dismissed.
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Appeal from Iowa District Court. — Hon. M. L Wade, Judge. This is a contest over the right to hold the office of clerk of the district court in and for Iowa county, each party claiming to have been elected thereto. The board of supervisors declared defendant to have been elected. In a proceeding before a court of contest, plaintiff’s case was dismissed. On his appeal to the district court, trial was had on the merits, and defendant was found to have been elected by a majority of five votes. From such finding this appeal is taken.
1Opinion of the CourtWaterman, J.
1 2 Defendant’s motion to dismiss plaintiff’s appeal for want of jurisdiction in the court of contest, and also in the district court, will be overruled. In view of the conclusion reached on the merits of the case, we need not take the time or space necessary to set out our reasons for this action. Defendant also took an appeal from the finding of the district court on two grounds: (1) As to its holding that it had jurisdiction; (2) as to rulings on the reception and rejection of certain ballots. There is a motion to dismiss this cross appeal. What we have already said indicates that such…
2Cases cited3 opinions
- Whittam v. ZahorikSupreme Court of Iowa · 1894
- Voorhees v. ArnoldSupreme Court of Iowa · 1899
- Morrison v. PeppermanSupreme Court of Iowa · 1900
3Cited by11 opinions
- Hunt v. CampbellArizona Supreme Court · 1917
- McNally v. Wayne County CanvassersMichigan Supreme Court · 1946
- Donlan v. CookeSupreme Court of Iowa · 1931
- Murphy v. LentzSupreme Court of Iowa · 1906
- Fullarton v. McCaffreySupreme Court of Iowa · 1916
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