Ball v. Campbell
Idaho Supreme Court
APPEAL from District Court, Bannock County. If the sections of the statute in regard to voting are mandatory, then there is no question under the record in this case that the judgment of the lower court should be reversed; but should this court hold that the said sections of the said laws were simply directory, then and in that event we contend that the said malconduct of the said judges of election in said Poca-tello precinct No. 2 was so rank and reckless as to give their…
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APPEAL from District Court, Bannock County. If the sections of the statute in regard to voting are mandatory, then there is no question under the record in this case that the judgment of the lower court should be reversed; but should this court hold that the said sections of the said laws were simply directory, then and in that event we contend that the said malconduct of the said judges of election in said Poca-tello precinct No. 2 was so rank and reckless as to give their returns no standing whatever, and thus it would be incumbent upon each candidate to prove, if he can, the number of…
1Opinion of the CourtHuston, C. J.
— At the general election held in Bannock county in November, 1898, the plaintiff and defendant were candidates for the office of clerk of the district court for said Bannock county. The defendant received the certificate of election, and duly entered upon the performance of the duties of said office. Plaintiff brings this action under the provisions of the act of February 25, 1891, concerning elections and electors, and the acts amendatory thereof, for the purpose of contesting the election of defendant. To the complaint of the plaintiff filed herein, the defendant interposed a general and…
2Cited by3 opinions
- Cross v. Commercial Real Estate Co.Cuyahoga County Common Pleas Court · 1914
- Curoe v. Spokane & Inland Empire RailroadIdaho Supreme Court · 1920
- Mason v. United StatesCourt of Appeals for the Fourth Circuit · 1908