Hughes v. Upson
Supreme Court of Minnesota
The county canvassing board of Blue Earth county having declared Elliot A. Upson to have received the highest number of votes cast and to have been elected to the office of county commissioner of that county, at the general election held November 6, 1900, Robert S. Hughes, a rival candidate, appealed to the district court for said county. The case was heard before Cray, J., who found in favor of the contestee.
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The county canvassing board of Blue Earth county having declared Elliot A. Upson to have received the highest number of votes cast and to have been elected to the office of county commissioner of that county, at the general election held November 6, 1900, Robert S. Hughes, a rival candidate, appealed to the district court for said county. The case was heard before Cray, J., who found in favor of the contestee. From a judgment entered pursuant to the findings, the contestant appealed. The contestee also appealed from certain portions of the judgment.
1Opinion of the CourtCollins, J.
This is a contest over the office of county commissioner, Third district, Blue Earth county. The court below found the facts, and, as a conclusion of law, that the contestee, Upson, was duly elected to the office.
There were twenty-nine ballots in dispute when the statutory referees finished their labors and made reports, — one being signed by two referees, the other by one, — and the court below was simply required to pass upon these disputed ballots. As we regard the case, we are not compelled to determine as to all of these. The contest is disposed of by examination of those which have been…
2Cases cited2 opinions
- Pennington v. HareSupreme Court of Minnesota · 1895
- Truelsen v. HugoSupreme Court of Minnesota · 1900
3Cited by5 opinions
- Bloedel v. CromwellSupreme Court of Minnesota · 1908
- Pye v. HanzelSupreme Court of Minnesota · 1937
- Nelson v. McBrideSupreme Court of Minnesota · 1912
- Baldwin v. WadeSupreme Court of Colorado · 1911
- State Ex Rel. American Federation, Etc. v. HansonSupreme Court of Minnesota · 1949