State ex rel. Sunderall v. McKenzie
North Dakota Supreme Court
Appeal from District Court, Walsh County; Sauter, J. Application by the State, on the relation of Jacob Sonderall, for a writ of mandamus against William McKenzie and others. Judgment for plaintiff. Defendants appeal. The board of election canvassers are ministerial officers whose duty it is to receive the returns from the precincts and declare results as shown by the face of the returns. 10 Ene.
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Appeal from District Court, Walsh County; Sauter, J. Application by the State, on the relation of Jacob Sonderall, for a writ of mandamus against William McKenzie and others. Judgment for plaintiff. Defendants appeal. The board of election canvassers are ministerial officers whose duty it is to receive the returns from the precincts and declare results as shown by the face of the returns. 10 Ene. L. (2 Ed.) 746. And such canvassing board has no power to go beyond the returns. McCreary on Elections, § 81; Payne on Elections, § 603; McCoy v. State, 36 At. Rep. 81; People v. Hilliard, 29 111.…
1Opinion of the CourtYoung, J.
This is an appeal from a judgment rendered in mandamus proceedings by the District Court of Walsh county commanding the defendants and appellants, who constitute the county canvassing board of that county, and who as such were charged with the duty of canvassing the election returns in the year 1900, to canvass and count certain votes for the office of county superintendent, which it is alleged they omitted and refused to count in canvassing the returns for that office. The plaintiff, Sonderall, and one Ben Tronslin were opposing candidates for that office at the November, 1900, election. The…
2Cases cited2 opinions
- State ex rel. Butler v. CallahanNorth Dakota Supreme Court · 1895
- People Ex Rel. Noyes v. . Bd. of CanvassersNew York Court of Appeals · 1891
3Cited by13 opinions
- State ex rel. Davis v. WillisNorth Dakota Supreme Court · 1910
- State ex rel. Laird v. HallNorth Dakota Supreme Court · 1921
- State Ex Rel. Sathre v. ByrneNorth Dakota Supreme Court · 1934
- State ex rel. Minehan v. ThompsonNorth Dakota Supreme Court · 1912
- Dimond v. ElyNorth Dakota Supreme Court · 1914
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