Brown v. Smallwood
Supreme Court of Minnesota
John Brown, Jr., a citizen and voter of the city of Duluth, gave notice of contest and appeal from the resolution of the city council of the city of Duluth acting as a canvassing board, by which it decided and certified that W. H. Smallwood was elected judge of the municipal court of that city for the term of four years, on the ground that more first choice votes were cast for William L. Windom than any other candidate at that election and that Windom having received the…
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John Brown, Jr., a citizen and voter of the city of Duluth, gave notice of contest and appeal from the resolution of the city council of the city of Duluth acting as a canvassing board, by which it decided and certified that W. H. Smallwood was elected judge of the municipal court of that city for the term of four years, on the ground that more first choice votes were cast for William L. Windom than any other candidate at that election and that Windom having received the highest number of first choice votes was elected to that office. The respondent made answer and prayed that the contest be…
1Opinion of the Court
Dibell, C.
At the general municipal election held in Duluth on the first Tuesday of April, 1915, the contestee, W. H. Smallwood, was a candidate for the office of municipal judge, and was declared elected by the city council. The contestant, John Brown, Jr., is an elector of Duluth, entitled to contest the election. On the hearing of the contest there were findings and judgment for the contestee. The contestant appeals from the judgment.
There are two questions:(1) Whether the preferential system of voting provided by the , Duluth charter applies to elections of the municipal judge.(2) Whether…
2Cases cited18 opinions
- State ex rel. Zent v. NicholsWashington Supreme Court · 1908
- Rouse v. ThompsonIllinois Supreme Court · 1907
- First National Bank v. SargeantNebraska Supreme Court · 1902
- Ledgerwood v. PittsTennessee Supreme Court · 1909
- Adams v. LansdonIdaho Supreme Court · 1910
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3Cited by14 opinions
- Moore v. Election CommissionersMassachusetts Supreme Judicial Court · 1941
- Johnson v. City of New YorkNew York Court of Appeals · 1937
- Kelso v. CookIndiana Supreme Court · 1916
- State ex rel. Smallwood v. WindomSupreme Court of Minnesota · 1915
- Minnesota Voters Alliance v. City of MinneapolisSupreme Court of Minnesota · 2009
9 more not listed; retrieve them via the Exa API.