Chamberlain v. Wood
South Dakota Supreme Court
Appeal from circuit court, Brown county. Hon. E. G. Smith, Judge. Action by John Chamberlain against George D. Wood and others to recover damages for unlawful deprivation of office. From an order sustaining a demurrer to plaintiff’s complaint, he appeals. This constitutional prerogative carries with it the authority for the elector to write on his ballot the name of any person for whom he desires to vote if such name is not found printed thereon.
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Appeal from circuit court, Brown county. Hon. E. G. Smith, Judge. Action by John Chamberlain against George D. Wood and others to recover damages for unlawful deprivation of office. From an order sustaining a demurrer to plaintiff’s complaint, he appeals. This constitutional prerogative carries with it the authority for the elector to write on his ballot the name of any person for whom he desires to vote if such name is not found printed thereon. Webster’s Definition of Elector; Banner v. Patton, 40 N. E. 290; People v. Shaw, 31 N. E. 512; Bowers V. Smith, 17 S. W. 761; State v. Dillon, 14…
1Opinion of the CourtCorson, J.
This is an appeal from an order sustaining a demurrer to plaintiff’s complaint. The appeal has been dismissed as to ‘the defendants George D. Wood and F. C. Hedger, leaving the defendant E. H. Alley the only respondent. The action was brought by the plaintiff to recover of the defendants damages for unlawfully depriving him of the office of county commissioner of Brown county. It is alleged in the complaint that in 1895-96 the defendants Wood and Alley were members of the board of county commissioners of Brown county, and that the defendant Hedger was acting county auditor of said county;…
2Cases cited6 opinions
- Commonwealth ex rel. McCormick v. ReederSupreme Court of Pennsylvania · 1895
- Vallier v. BrakkeSouth Dakota Supreme Court · 1895
- Sanner v. PattonIllinois Supreme Court · 1895
- People Ex Rel. Bradley v. . ShawNew York Court of Appeals · 1892
- Parmley v. HealySouth Dakota Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Eckerson v. City of Des MoinesSupreme Court of Iowa · 1908
- State ex rel. Richards v. WhismanSouth Dakota Supreme Court · 1915
- Garrett v. CuninghameSupreme Court of Alabama · 1924
- Jackson v. NorrisCourt of Appeals of Maryland · 1937
- State ex rel. Howells v. MetcalfSouth Dakota Supreme Court · 1904
11 more not listed; retrieve them via the Exa API.