72 Iowa 374 | Iowa | 1887
At a general election in the township in which
We think, therefore, that the |acts that plaintiff was the candidate of his party for the offieq, that there was no person of the name of F. Wimmer who was eligible to the office, and that that name was printed on the ballots in the belief that it was plaintiff’s name, and that the electors who cast the ballots bearing that name supposed at the time that it was his name, may properly be considered in determining whether the 91 ballots bearing that name were intended for him ; and when those facts are considered there can be no question as to what the intent of the electors was.
The only other question in the case is whether an elector who has cast a defective ballot can be permitted to testify directly as to his intent. The numerical weight of authority seems to be against the right to d ° _ examine the elector on that subject. lout we have no occasion to go into the question in this case; for if it should be held that the district court ought to have excluded the evidence, the final result would not be affected ; for we hold that, upon the facts proven by the competent evidence in the case, the ballots in question should have been counted for plaintiff. The judgment will therefore be
AFFIRMED.