Bowden v. Webb

<p>1. Election — contest—order- of circuit judge — finality—-review—certiorari. — On an -appeal -bo the circuit court -from the county court, in a cause -contesting the validity of an election concerning the removal of a county seat, the -circuit judge in vacation made an order requiring certain election -commissioners to appear before the clerk, -and to file the election ho-oks containing the names of ■those who voted at the election, and requiring that said books be kept by the clerk. Meld, -the order of the circuit judge was final and subject to review, and there ..being no provistos, for an appeal from an -order -of a circuit judge in vacation, a writ of certiorari is the appropriate method of bringing up the record for review.</p> <p>2. Elections — county seats — returns, how made. — Returns of county seat elections are to be made to the county election commissioners, the same as required hy the statute in general elections and a contest of -such an election must originate in the county court.</p> <p>3. Elections — poll books — contest—jurisdiction of circuit judge. — ■ Where the result of -an election is contested, the circuit judge in ■ vacation, when the contest is -pending in the circuit court, on appeal from the county court, may require the election commissioners to discharge their duty by allowing a reasonable opportunity to contestants and those interested in the result of the election, to inspect the poll books.</p> <p>4. Elections — poll books — inspection.—1The original, as well as the duplicate poll hooks, made at an election, are public records, in the sense that they m-ust he kept open for the inspection of those who are interested in them and have a right to see them.</p> <p>5. Mandamus — public officer — remedy.—Mandamus is an appropriate remedy for .requiring a public officer to discharge his duty.</p> <p>6. Elections — contest—inspection of records. — In a contest over a county seat election, where fraud in the election is alleged by 'contestants, an inspection of the records is indispensable, for the records are presumed to be correct until overturned by evidence •showing that they are not correct.</p> <p>7. ¡Circuit judges — powers in vacation. — Circuit judges in vacation, may exercise only such judicial powers as are conferred by statute.</p> <p>8. Elections — contest—inspection and custody of records — power of circuit court. — While, in an election contest, the circuit judge may •order the production of the poll books to be used as evidence, the circuit judge in vacation has no power to order the relinquishment of the custody of the same by the election commissioners.</p>