Wheeler v. Caldwell

Citations

• 68 Kan. 776
• 74 P. 1031
• 1904 Kan. LEXIS 175

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Quo Warranto — Jury Trial Not Demandadle, A jury trial is not demandable as a matter of right in a proceeding in quo war-ranto.</p> <p>2. Elections — Challenged Voters — Identification of Ballots Sufficient. At an election precinct only four of the voters were challenged, and the ballots they cast were marked so as to indicate that they were cast by challenged voters. The ballots so identified showed that all had been cast for a certain candidate. JEJeld, that the identification is sufficient, and that the proof of identity of the ballots and for whom they were cast is not overcome by a showing that one of the challenged voters was accompanied to the polls by a friend of another candidate, nor by the fact that his vote was challenged by a friend of the candidate whose name was on the challenged ballots.</p> <p>3. -Ballots — Irregularities Insufficient to Require Rejection. A ballot, legal in form, cannot be rejected merely because there is one more ballot in the ballot-box than there are names written on the poll-books, and also that it happened to be the last ballot taken from the box when the ballots were counted and, under the facts in this case, it is held, that the ballot to which such objections were made should have been counted.</p> <p>4. -Illegal Ballot — Improper Marking. Where one of the lines of a cross on a ballot is paralleled by a third distinct line, it should be regarded as a distinguishing mark, and the ballot treated as illegal.</p> <p>5. -Ballot Not Illegal Because of Unequal Length of Gross-marJcs. The mere fact that one of the lines of a cross-mark on a ballot is shorter than the other one does not warrant the rejection of the ballot, where the shorter line actually crosses ■ the longer one.</p> <p>6. Practice, Supreme Court— Cross-petition in Error — Motion for New Trial. A cross-petition in error is treated aB an independent proceeding, and the party complaining must take the preliminary steps giving him a