Powell v. Holman
Supreme Court of Arkansas
APPEAL from Hempstead Circuit Court. C. E. Mitchel, Judge. 1. The ballots were inadmissible to impeach the official returns. Opportunity had been offered for tampering with them, by leaving them in’ an exposed place. McOrary on Elections, secs. 277-8, 278 a, 555. 2. Evidence to show by the- electors, that no such ballots had ever been cast by them was admissible.
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APPEAL from Hempstead Circuit Court. C. E. Mitchel, Judge. 1. The ballots were inadmissible to impeach the official returns. Opportunity had been offered for tampering with them, by leaving them in’ an exposed place. McOrary on Elections, secs. 277-8, 278 a, 555. 2. Evidence to show by the- electors, that no such ballots had ever been cast by them was admissible. McOrary on Elections, secs. 386, 388, 555. 3. It did not follow that because the ballots had been ■tampered with and were worthless as evidence, that the poll books and official returns were also worthless. No fraud, unfairness, or…
1Opinion of the Court
SandbRS, Special Judge.
At the general state election, held on the 6th day of September, 1886, W. P. Powell and H. B. Holman were opposing candidates for the of-ifice of Sheriff of Hempstead county! ■ •
The clerk’s certificate of election was awarded to Powell as a result of the abstract of the vote made in •compliance with law from the authenticated returns of the election officers, and a commission was duly issued to him as sheriff, by the G-overnor of the State.
On the 22d day of September, 1886, the appellee, H. B. Holman, caused a notice of contest to be served on the -appellant, Powell,…
2Cases cited2 opinions
- County of Calaveras v. BrockwayCalifornia Supreme Court · 1866
- Morgan v. QuackenbushNew York Supreme Court · 1856
3Cited by18 opinions
- Davenport v. OlerichSupreme Court of Iowa · 1897
- State Ex Rel. Romsa v. County ClerkWyoming Supreme Court · 1931
- Schuman v. SandersonSupreme Court of Arkansas · 1904
- State ex rel. Sanchez v. CallSupreme Court of Florida · 1895
- Condren v. GibbsSupreme Court of Arkansas · 1910
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