Perry v. Hackney
North Dakota Supreme Court
Appeal from District Court, Eddy County; Lander, J. Election contest between J. W. Perry and James Hackney. Judgment for defendant, and contestant appeals. The statute requires booths, in which voters may prepare their ballots, to be so constructed as to screen the elector from observation, with the guard rail so constructed that only persons within the rail can come within ten feet of the booth. This staute is mandatory. § 521, Rev. Codes. § 129 Const. Wigmore Aust.
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Appeal from District Court, Eddy County; Lander, J. Election contest between J. W. Perry and James Hackney. Judgment for defendant, and contestant appeals. The statute requires booths, in which voters may prepare their ballots, to be so constructed as to screen the elector from observation, with the guard rail so constructed that only persons within the rail can come within ten feet of the booth. This staute is mandatory. § 521, Rev. Codes. § 129 Const. Wigmore Aust. Bal. 50. Black on Interpretation, 339. Potter’s Dwarris on Statutes, 228. The statute is introductive of a new law and directs…
1Opinion of the CourtYoung, J.
This is an election contest. J. W. Perry, the contestant and appellant, and James Plackney, contestee and respondent, were opposing candidates for the office of county auditor of Eddy county at the November 6, 1900, election. The canvass of the official precinct returns by the county canvassing board showed that James Hackney had received 388 votes for said office, and that the contestant had received 346 votes, or a majority for the contestee of 42 votes. In pursuance of such canvass, a cerifícate of election was issued to the contestee, whereupon the contestant initiated this contest under…
2Cases cited5 opinions
- Bowers v. SmithSupreme Court of Missouri · 1892
- Parvin v. WimbergIndiana Supreme Court · 1892
- State ex rel. Braley v. GaySupreme Court of Minnesota · 1894
- Hall v. SchoeneckeSupreme Court of Missouri · 1895
- Miller v. SchallernNorth Dakota Supreme Court · 1899
3Cited by17 opinions
- Fitzmaurice v. WillisNorth Dakota Supreme Court · 1910
- Younker v. SusongSupreme Court of Iowa · 1916
- State ex rel. Byrne v. WilcoxNorth Dakota Supreme Court · 1902
- Kerlin v. City of Devils LakeNorth Dakota Supreme Court · 1913
- State ex rel. Miller v. FlahertyNorth Dakota Supreme Court · 1912
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