Wheeler v. Lawrence

Citations

• 78 Kan. 878
• 99 P. 228
• 1908 Kan. LEXIS 163

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Elections — Contest—-Evidence—Estoppel. One who is contesting the returns of a canvassing board and produces the-county clerk and proves by him, “for the information of the-court,” what the returns of the board in fact show, does not. thereby assert the correctness of such returns, nor is he-thereby estopped from proving by a recount of the ballots the-true result of the votes cast at the election.</p> <p>2. - Recount of Ballots — Custody. Upon the trial of an election contest, before the ballots returned at the election-should be recounted by the court as the best evidence of the-result of the election it should be shown that such ballots have-been in the -continuous possession of the officials prescribed by statute, and have been so kept as to render it improbable-that they could have been tampered with; but it is not essential that it should be shown that no alteration thereof was-possible.</p>