Webb v. Bowden
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; George R. Haynie, Judge; 1. There was fraud, irregularities, misconduct of voters and judges, etc., sufficient to destroy the integrity of the returns and vitiate the election. 41 Ark. 123; 59 Id. 270; McCrary on Elections (2 ed.) § § 199, 303, 184, 441, 442; 86 Ark. 259; 50 N. H. 140; 63 111. 401; 11 Kans. 308. 2. The election judges were not appointed at the county seat.
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Appeal from Hempstead Circuit Court; George R. Haynie, Judge; 1. There was fraud, irregularities, misconduct of voters and judges, etc., sufficient to destroy the integrity of the returns and vitiate the election. 41 Ark. 123; 59 Id. 270; McCrary on Elections (2 ed.) § § 199, 303, 184, 441, 442; 86 Ark. 259; 50 N. H. 140; 63 111. 401; 11 Kans. 308. 2. The election judges were not appointed at the county seat. Kirby’s Digest § \ 2764, 2765. 3. Both sides were not represented in the appointment of judges and other officers Kirby’s Digest, § 2709. 4. The place of holding the election was…
1DissentMcCulloch, C. J.
The following words of warning were written by Judge McCrary in his work on Elections, section 523: “The power to reject an entire poll is certainly a dangerous power, and though it belongs to whatever tribunal has jurisdiction to pass upon the merits of a contested election case, it should be exercised only in an extreme case, that is to say, a case where it is impossible to ascertain with „ reasonable certainty the true vote.” These words find echo in the following statement by this court in Wheat v. Smith, 50 Ark. 266: “Elections are not to be lightly set aside, though the law has not been…
2Cases cited9 opinions
- Wheat v. SmithSupreme Court of Arkansas · 1887
- Egbers v. EgbersIllinois Supreme Court · 1898
- Supreme Tent Knights of Maccabees of the World v. StenslandIllinois Supreme Court · 1903
- Boardman v. LorentzenWisconsin Supreme Court · 1914
- Maxwell v. WrightIndiana Supreme Court · 1903
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