Smith v. Harris
Supreme Court of Colorado
Original proceeding in this court. This proceeding was instituted by Emery A. Smith to contest the election of Ira Harris, as county judge of El Paso county.
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Original proceeding in this court. This proceeding was instituted by Emery A. Smith to contest the election of Ira Harris, as county judge of El Paso county. The petition sets forth five separate causes of contest, which in brief are as follows: First: That the county clerk of El Paso county caused to be printed illegal ballots which were used to the prejudice of the contestor at the election held in said county on the 8th day of November, 1892, and that about two hundred votes were lost to contestor by such illegal printing of said ballots. The facts relied upon as showing such illegality…
1Per curiam
The illegality complained of. in the first cause of contest consists in the printing of the names of Higley, Berry, Overholt and Hanchett as presidential electors upon the ticket designated as the rooster ticket.
That by reason of the printing of thos'e names thereon a large number of voters refused and declined to vote that ticket, and thereby contestor lost their votes. The insufficiency of this claim to entitle contestor to the office seems to be conceded by his counsel in his argument; but it is insisted that if insufficient for that purpose, it should be held adequate cause for voiding…
2Cases cited2 opinions
- Allen v. GlynnSupreme Court of Colorado · 1892
- Todd v. StewartSupreme Court of Colorado · 1890
3Cited by6 opinions
- City of Loveland v. Western Light & Power Co.Supreme Court of Colorado · 1918
- Otjen v. KerrSupreme Court of Oklahoma · 1942
- Boger v. SmithSupreme Court of Colorado · 1925
- Soules v. WolfNorth Dakota Supreme Court · 1934
- Hamer v. HowellUtah Supreme Court · 1906
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