The Central Nevadan. [volume] (Battle Mountain, Nev.) 1885-1907, 1904-01-07
SUPREMECOURT'
DECISION.
IN the Supreme
Court of the
State of
Nevada.
II. r. LEMAIRE
Contestant and Respondent.
against
p. WALSH,
Contestee and Appellant.

w. Woodburn and w. D. Jones,
Attorneys for Appellant.
Per Curiam: This is an election con-
test in which the contestee, p. Walsh,
appeals to this court from judgment
against him in the court below adjudg.
ing that the contestant, H. r. Lemaire
was entitled to the Office of Long Term
County Commissioner of the county of
Lander for the term of four years from
the first Monday in January 1898, and
also from an order OF said court denying
his motion for new trial.
Respondent makes preliminary mo-
tion in this court to dismiss the appeal
because of certain irregularities in the
manner OF the transmission OF the papers
and record on appeal from the court be-
low to this court. There wer irregu-
larities, and indeed, such as should
never occur in such matters. But while
the irregularities were considerable and
we take occasion here to admonish those
into whose hands the management Of
such matters fall that they should be
careful to examine the statutes govern
ing the transm ission OF records to the
appellate court and also To comply
Herewith, we hardly think that so severe
punishment should he applied as to
dismiss the appeal.
Therefore the motion to dismiss the
appeal is denied.
Respondent objects to the sulficiency
of the statement OF contest in this case
because in the title of the cause the
name Of the contestant is written H X.
Lemaire' and contestee's "P Walsh
and in the body of the statement con-
testaDts "Henry X. Lemaire, the above
named contestant" and the statement is
subscribed and sworn to by "Henry Il.
Lemaire;" and in the body Of the state.
ment contestant" complains OF Patrick
Walsh, the contestee above named aud
for cause OF contest alleges and further
on "charges Patrick Walsh" and so forth;
and again "the statement deals with
said Walsh till it comes to the prayer,
when he is called Patrick Walsh"
Perhaps on demurrer or on motion to
strike out or make certain il might have
been proper for the trial court To have
ordered the statement of contest made
definite in this respect as containing
misnOmers and typographical errors;
but appellant having passed it there
should not We think be permitted to
avail himself of it here. At the most it
would have been a defective statemen.
of cause OF action and not failure to
state any cause Of action.
The same principle OF defective
statement Of a cause of action but not
failure OF statement thereof applies to
appellants next objection, to.wit: that
the time for the commencement Of the
term of office OF County Commissioner
for which contestant claimed that he
was duly elected over eohtestee is not
definitely stated. Without quoting the
allegation of the statement OF contest in
this respect we think it sufficient here to
state that this objection should likewise
have been taken in the trial court by de-
murrer or motion; and, not having been
so taken, it cannot be taken here now.
The foregoing we think disposes OF all
preliminary matters and brings us to the
consideration Of the main point in the
contest.
A number OF ballots cast at the cleo
ton were brought up as exhibits on the
appeal, the rulings upon which by the
trial court appellant claims were erron-
eous.
We deem it unnecessary 70 go into a
detailed description Of the defects claim
ed in these ballots, except in one case;
inasmuch as all the objections except this
one were substantially discussed by this
court in the recently decided case
of State v. Sadler, 20 New, 13l; and az
we do not feel justified in now overruling
any decision of this court that was IN
vowed in the ease named aud likewise in
,hle case row before us, noihng rpuli
ae gained bf repetition here of the u,s-
cussiohs made there.
There is, however, one alleged defect
that counsel for appellant argues on u
point not, we think, mentioned in the
opinion in State v. Sadler. That point
is that the statute does not provide for a
square in which the voter shall put the
"cI oss or X by which he is to designate