108 Iowa 77 | Iowa | 1899
Tbe legal propositions are exclusively as to tbe validity of ballots counted or rejected. Tbe alleged defects are as to markings, and we bave certified to us upwards of two hundred and forty ballots, because of tbe inaccuracy of those presented in tbe abstracts. As it is a law action, tbe case comes to us on assignment of errors, and counsel in its preparation, as well as this court in its consideration, bave experienced a difficulty in tbe adoption of a system by which tbe multitude of questions may be considered without tbe labor of doing so in detail. Tor this purpose counsel bave resorted to a system of classification by which ballots somewhat, or quite, similar as to tbe markings bave been classed together, thus bringing together for consideration numerous assignments. As would be expected, counsel bave not been able to agree in tbe particulars of classification, nor bave we been able to use any system suggested by counsel or devised by us. Tbe rulings of tbe district court were as to particular ballots, and we bave found it necessary, in our examination of tbe case, to look to each ballot, and determine tbe question involved in its acceptance or rejection, independently of every other ballot. That we cannot, in an opinion, express conclusions on all these questions is apparent, nor is it necessary. We think it is proper, at tbe outset, to settle some general rules of law, as to ballot markings, that will, of themselves, be decisive of jnany of the questions presented; for many of them present