Morrison v. Springer
Supreme Court of Iowa
The first case was appealed from Benton District Court, the second and third from Clayton District Court. Springer was declared, by the Board of Canvassers, duly elected to the office of Clerk of the District Court of Iowa county, at the October election, 1862. The Hons. James Burt and George Watson were also in like manner declared elected to the offices of District Judge and Attorney in and for the Ninth Judicial District, at the same election.
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The first case was appealed from Benton District Court, the second and third from Clayton District Court. Springer was declared, by the Board of Canvassers, duly elected to the office of Clerk of the District Court of Iowa county, at the October election, 1862. The Hons. James Burt and George Watson were also in like manner declared elected to the offices of District Judge and Attorney in and for the Ninth Judicial District, at the same election. Morrison and the Relators were the respective opposing candidates, and instituted these proceedings to test the right of the several incumbents to…
1Opinion of the CourtWright, J.
In the second and third case, it is claimed by the appellees and incumbents that the proceedings should have been instituted under chapter 37 of the Revision, and that, as that chapter prescribes the only method fqr contesting elections in this State, the information should have been dismissed. Appellants, on the other hand, claim that the offices of District Judge and Attorney are excepted from “the provisions of the chapter, or, if not, that they have a right to pursue either remedy — that is, to be heard before the tribunal to be organized under said chapter, or by information filed under…
2Cases cited7 opinions
- Sears v. CottrellMichigan Supreme Court · 1858
- State ex rel. Weir v. County JudgeSupreme Court of Iowa · 1855
- City of Lexington v. McQuillan's HeirsCourt of Appeals of Kentucky · 1839
- People v. AdamsNew York Supreme Court · 1846
- Tyler v. PeopleMichigan Supreme Court · 1860
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3Cited by47 opinions
- Gangemi v. BerrySupreme Court of New Jersey · 1957
- Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
- Stewart v. Bd. of Super. of Polk CountySupreme Court of Iowa · 1870
- Richman v. Supervisors Muscatine CountySupreme Court of Iowa · 1889
- Lafayette, Muncie, & Bloomington Rail Road v. GeigerIndiana Supreme Court · 1870
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