Winkle v. Crabtree
Oregon Supreme Court
From Linn : Henry H. Hewitt, Judge. This is a special proceeding, under Section 2544, Hill’s Ann. Laws, to contest the defendant’s right to the office of Clerk of Linn County, to which he was declared elected by the county canvassing board. On the official ballot used in said county at the last general election the names of the candidates for the office of county clerk were arranged in the following order : For Comity Clerk.
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From Linn : Henry H. Hewitt, Judge. This is a special proceeding, under Section 2544, Hill’s Ann. Laws, to contest the defendant’s right to the office of Clerk of Linn County, to which he was declared elected by the county canvassing board. On the official ballot used in said county at the last general election the names of the candidates for the office of county clerk were arranged in the following order : For Comity Clerk. Vote for One. 70. Frank Crabtree of Linn County_______People’s-Democratic-Silver-Republican 71. B. E. Lange of Linn County___________________________________Regular…
1Opinion of the CourtJustice Moore
It is contended by plaintiff’s counsel that, by giving to the statute providing for the marking and counting of ballots cast at a general election the liberal construction to which it is entitled, an inspection of the twenty-five ballots which were rejected shows that the several electors who cast them intended thereby to vote for Van Winkle, and hence the court erred in refusing to count them for him.
A general statement of the provisions of the Australian Ballot Law, so far as applicable to the facts involved, is deemed essential to a clear understanding of the questions presented for…
2Cases cited10 opinions
- Parvin v. WimbergIndiana Supreme Court · 1892
- People Ex Rel. Nichols v. Board of County CanvassersNew York Court of Appeals · 1891
- Whittam v. ZahorikSupreme Court of Iowa · 1894
- Attorney General ex rel. Reynolds v. MayMichigan Supreme Court · 1894
- Attorney General ex rel. Seavitt v. McQuadeMichigan Supreme Court · 1892
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3Cited by15 opinions
- Morris v. Board of CanvassersWest Virginia Supreme Court · 1901
- Hunt v. CampbellArizona Supreme Court · 1917
- Lane v. BaileyMontana Supreme Court · 1904
- Tazwell v. DavisOregon Supreme Court · 1913
- Bloedel v. CromwellSupreme Court of Minnesota · 1908
10 more not listed; retrieve them via the Exa API.