Briggs v. Ghrist
South Dakota Supreme Court
Appeal from Circuit Court, Hand County. Hon. John F. Hughes, Judge. Contest of election by G. C. Briggs against S. V. Ghrist, as Mayor, Fred J. Hellmuth, as City Auditor, and John T. McCullen and others, as members of the City Council of the City of Miller, and others. From a judgment for defendants, contestant appeals.
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Appeal from Circuit Court, Hand County. Hon. John F. Hughes, Judge. Contest of election by G. C. Briggs against S. V. Ghrist, as Mayor, Fred J. Hellmuth, as City Auditor, and John T. McCullen and others, as members of the City Council of the City of Miller, and others. From a judgment for defendants, contestant appeals. Where fraudulent and illegal votes are shown to have been cast, but it cannot be ascertained for whom they were cast, the burden is upon him who seeks to take advantage of the returns to show the actual number of legal votes received. Rhodes v. Driver, 69 Ark. 501; People ex…
1Opinion of the CourtWhiting, J.
This is an election contest contesting the declared result of an election held in the city of Miller, upon the question: “Shall intoxicating liquors be sold at retail?” The canvassing board found that- there were 369 votes cast, of which it returned 186 as cast in favor of the sale, 182 against, and 1 blank. Upon the trial plaintiff offered in evidence all the ballots cast at the election and then rested his case. There was no dispute as to how the several votes had been counted by the canvassing-board, and plaintiff contended that certain ballots counted in *565favor of the question should not…
2Cases cited8 opinions
- People ex rel. Williams v. CicottMichigan Supreme Court · 1868
- Russell v. McDowellCalifornia Supreme Court · 1890
- Choisser v. YorkIllinois Supreme Court · 1904
- Major v. BarkerCourt of Appeals of Kentucky · 1896
- Attorney General ex rel. Reynolds v. MayMichigan Supreme Court · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Wilkinson v. McGillCourt of Appeals of Maryland · 1949
- Berg v. VeitSupreme Court of Minnesota · 1917
- Cameron v. BabcockSouth Dakota Supreme Court · 1935
- Krakowski v. WaskeySouth Dakota Supreme Court · 1914
- Smiley v. ArmstrongSouth Dakota Supreme Court · 1938
8 more not listed; retrieve them via the Exa API.