Dobson v. Lindekugel
South Dakota Supreme Court
Appeal from Circuit Court, Hanson County. Hon. Erantc B. Smith, Judge. Election contest by J. H. Dobson, against B. H. Eindekugel. From a judgment dismissing the contest, plaintiff appeals.
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Appeal from Circuit Court, Hanson County. Hon. Erantc B. Smith, Judge. Election contest by J. H. Dobson, against B. H. Eindekugel. From a judgment dismissing the contest, plaintiff appeals. (2) To point two of the opinion, Appellant cited: 38 Cyc. 331, and cases there cited; Johnson v. New Omaha Electric Light Co. (Neb.) 125 N. W. 153; 20 Annotated Cases, 1314. Respondent cited: 38 Cyc. 329, and cases there cited: Vailes v. Brown, 16 Colo. 462, 27 Pac. 945, 14 L- R. A. 120 ; Standard v. Thu-rmind, 151 S. W. 627; Pain v. Mason, 7 Ohio St. 190; Nitchie v. Townsend, 4 N. Y. Super. Ct. (2 Sandf.)…
1Opinion of the CourtPolley, J.
This case was ¡before the court upon a former appeal, and is reported in 162 N. W. 391, where a statement of the facts will be found.
[1] When the cause was called for retrial, it appeared that the election returns were canvassed and an abstract of the vote filed on the 13th day of November, and that plaintiff’s notice of contest was not served until the 4th day of December. The law providing for election contests (section 1988, Pol. Code) requires *376election contest notices to be served within 20 days after the canvass of the votes. By excluding the 13th day of November, the day on which the…
2Cases cited1 opinion
- Dobson v. LindekugelSouth Dakota Supreme Court · 1917
3Cited by4 opinions
- Baruth v. Board of County CommissionersSouth Dakota Supreme Court · 1926
- Davidson v. BubbSouth Dakota Supreme Court · 1934
- Davidson v. BubbSouth Dakota Supreme Court · 1934
- M B, Inc. v. City of Sioux FallsSouth Dakota Supreme Court · 1978