Cahalan v. Terry

This is a recount proceeding brought under the provisions of SDC 16.18. Certiorari to review the action of the recount board was accepted by this court under the provisions of SDC 16.1819, the recount concerning the election of a member of the Legislature.

The recount board declared the defendant, John C. Terry, elected to the office of state representative of District No. 23 by a majority of one vote.

The first question presented relates to placing the official stamp on the ballots. Ballots 69 and 71 voted for the plaintiff were without such stamp. SDC 16.1006- provides that the judge of…