Legal Opinion

Crownover v. Millar

Nevada Supreme Court

Decided April 15, 1921No. 2494PublishedCited by 7 opinions

Appeal from the Seventh Judicial District Court, Mineral County; J. Emmett Walsh, Judge. Contest of election by Agnes B. Crownover against Rita D. Millar. From judgment for contestant, and order denying her motion for new trial, contestee appeals. The complaint, affidavit, or statement of contest wholly fails to allege that contestant is a qualified elector. Such an allegation is necessary to give the court jurisdiction. Const.

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Appeal from the Seventh Judicial District Court, Mineral County; J. Emmett Walsh, Judge. Contest of election by Agnes B. Crownover against Rita D. Millar. From judgment for contestant, and order denying her motion for new trial, contestee appeals. The complaint, affidavit, or statement of contest wholly fails to allege that contestant is a qualified elector. Such an allegation is necessary to give the court jurisdiction. Const. Nev., sec. 3, art. 15, Stats. 1913, p. 31; Rev. Laws, 2766; Stats. 1917, p. 278. Only an elector may contest an election. Stats. 1917, p. 380. “Where the statute…

1Opinion of the Court

By the Court,

Ducker, J.:

Agnes B. Crownover, the contestant, and Rita D. Millar, the contestee, were opposing candidates for the office of county recorder and ex officio auditor of Mineral County, State of Nevada, at the general election held in November, 1920. At said election contestee, by the count of the ballots by the board of election in said Mineral County, defeated contestant by three votes.

Thereafter and within the time allowed by statute contestant instituted this contest. A hearing of the contest in the court below resulted in favor of contestant, Agnes B. Crownover. The trial court…

2Cases cited3 opinions

  1. Pearson v. AlversonSupreme Court of Alabama · 1909
  2. Gillespie v. DionMontana Supreme Court · 1896
  3. Adams v. McCormickIllinois Supreme Court · 1905

3Cited by7 opinions

  1. Kitt v. HolbertArizona Supreme Court · 1926
  2. In re the Appeal of ChungHawaii Supreme Court · 1960
  3. Ewing v. HarriesUtah Supreme Court · 1926
  4. Kirk v. ParsonsNevada Supreme Court · 1960
  5. Re App. C/C Clerk Re Regis. BudaHawaii Supreme Court · 1960

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