Hamer v. Howell
Utah Supreme Court
Appeal from District Court, Weber County; C. W. Morse, Judge. Action by Daniel Hamer against James Albert Howell to contest an election. From an adverse judgment, contestant appeals. APPELLANT'S POINTS.
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Appeal from District Court, Weber County; C. W. Morse, Judge. Action by Daniel Hamer against James Albert Howell to contest an election. From an adverse judgment, contestant appeals. APPELLANT'S POINTS. A candidate for an office to which is attached a fixed salary, who offers to the electors to discharge, if elected, the duties of of such office at less than the stated salary, is not entitled to have counted for him any votes given in consideration of such promise. {State v. Purdy, 36 Wis. 213; State v. Qoilier, 72 Mo. 13; Garrothers v. Russel, 53 Iowa 350, 5 N. W. 499; Nichols v. Mudgett, 32…
1Opinion of the CourtMcCARTY, J.
It is urged that the trial court erred in finding against contestant on the charges made that respondent promised Bur-dick that he would appoint him official stenographer and promised to appoint Hooper assistant stenographer. Not only is there a substantial conflict in the evidence on this point, but we are of the opinion that the finding made on this issue is supported by a clear preponderance of the evidence. It is contended, however, that while there may be a conflict in the evidence respecting the alleged promises made Burdick and *151Hooper, Dye’s testimony respecting the promise Howell made…
Also in this document: Concurrence.
2Cases cited12 opinions
- Boardman v. GriffinIndiana Supreme Court · 1875
- Menten v. ShutteeSupreme Court of Oklahoma · 1902
- Carroll v. Centralia Water Co.Washington Supreme Court · 1893
- Borders v. WilliamsIndiana Supreme Court · 1900
- Whitney v. BlackburnOregon Supreme Court · 1889
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3Cited by2 opinions
- Frantz v. HansenUtah Supreme Court · 1943
- Johnstun v. HarrisonUtah Supreme Court · 1948