Doak v. Briggs
Supreme Court of Iowa
Appeal from Mahasha District Court.— IioN. ByroN W. Pee-stoN, Judge. This is a contested election case. At tbe general election held in Mahaska county, November 6, 1906, the respective parties to this action were opposing candidates for the office of county auditor.
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Appeal from Mahasha District Court.— IioN. ByroN W. Pee-stoN, Judge. This is a contested election case. At tbe general election held in Mahaska county, November 6, 1906, the respective parties to this action were opposing candidates for the office of county auditor. In making the official canvass of the votes cast, the county board found that appellee, Doak, had received 2,948 votes, and the appellant, Briggs, 2,951 votes — a majority of 9. A certificate of election was issued to Briggs accordingly. In due time Doak filed his statement of intention to contest the election. The grounds, as…
1Opinion of the Court
Bishop, J.—
The ballots were not recounted on the trial in the court below. At the threshold of the trial it was agreed that “ a count of the ballots as they now appear, if admissible in evidence, shows a greater number of ballots for the contestant than for the incumbent, to wit, . . . majority in favor of contestant, Y7.” In entering into this stipulation, however, the incumbent reserved the right to insist upon his claim and objection that the ballots had not been properly preserved, and that “ a recount thereof for the purpose of determining the votes cast would be incompetent.” And upon…
2Cases cited5 opinions
- Davenport v. OlerichSupreme Court of Iowa · 1897
- Mentzer v. DavisSupreme Court of Iowa · 1899
- DeLong v. BrownSupreme Court of Iowa · 1901
- Murphy v. LentzSupreme Court of Iowa · 1906
- Wilson v. BohstedtSupreme Court of Iowa · 1907
3Cited by4 opinions
- Donlan v. CookeSupreme Court of Iowa · 1931
- In Re Election Contest of Stamos v. GraySupreme Court of Iowa · 1936
- Wiedenheft v. FrickSupreme Court of Iowa · 1943
- Roche v. City of MinneapolisSupreme Court of Minnesota · 1947