Howser v. Pepper
North Dakota Supreme Court
Appeal from District Court, Nelson County; Fisk, J. Action by Edgar A. Howser against J. A. Pepper. Judgment for defendant, and plaintiff appeals. The court below erred in sustaining objections to the admissibility in evidence of the ballots from Lee and Center townships.
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Appeal from District Court, Nelson County; Fisk, J. Action by Edgar A. Howser against J. A. Pepper. Judgment for defendant, and plaintiff appeals. The court below erred in sustaining objections to the admissibility in evidence of the ballots from Lee and Center townships. The true rule is as stated in Soné v. Williams, 130 Mo. 530, 32 S. W. Rep. 1016, that the ballots are the best and primary evidence provided they have been kept by the proper custodian in the manner required by law and have not been tampered with. When the boxes are produced and they and the ballots contained in them are…
1Opinion of the CourtYoung, J.
This is an election contest, prosecuted under article 12 of chapter 8 of the Political Code, and involves the office of clerk of court of Nelson county. The parties to the contest were rival candidates for that office at the November, 1898, elections. The official ballot of Nelson county consisted of two columns, the first containing the names of the republican candidates, and the second the names of the candidates designated thereon as independent-democrat ; each column being under its party name. The contestant was the candidate of the party designated as independent-democrat, and his name…
2Cases cited18 opinions
- Hudson v. SolomonSupreme Court of Kansas · 1877
- State ex rel. Waggoner v. RussellNebraska Supreme Court · 1892
- Vallier v. BrakkeSouth Dakota Supreme Court · 1895
- Whittam v. ZahorikSupreme Court of Iowa · 1894
- State ex rel. Brooks v. FranshamMontana Supreme Court · 1897
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3Cited by23 opinions
- Hunt v. CampbellArizona Supreme Court · 1917
- Peterson v. BillingsMontana Supreme Court · 1939
- Quigley v. PhelpsWashington Supreme Court · 1913
- Bloedel v. CromwellSupreme Court of Minnesota · 1908
- Fullarton v. McCaffreySupreme Court of Iowa · 1916
18 more not listed; retrieve them via the Exa API.