Vallier v. Brakke
South Dakota Supreme Court
Appeal from circuit court, Moody county. Hon. Joseph W. Jones, Judge. Election contest. Defendant had judgment and plaintiff appeals. The facts are stated in the opinion. The ballots themselves are the primary evidence of the votes cast.
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Appeal from circuit court, Moody county. Hon. Joseph W. Jones, Judge. Election contest. Defendant had judgment and plaintiff appeals. The facts are stated in the opinion. The ballots themselves are the primary evidence of the votes cast. People v. Holden, 28 Cal. 124; Harpman v. Young, 20 Pac. 17; Dorey v. Lynn, 31 Kas. 758; Coughlan v. Beard, 67 Cal. 303; State v. Judge, 13 Ala. 805; Hudson v. Solomon, 19 Kas. 177. Each vote is presumed to be legal until the contrary is clearly show;n. Clark v. Robinson, 88 111. 498; State v. Olin, 23 Wis. 309. . Where on account of fraud, disregard of law,…
1Opinion of the CourtCorson, P. J.
This is an election contest proceeding. The findings and judgment were in favor of the defendant, and the plaintiff appeals.
At the general election held in 1894 the plaintiff and defendant were opposing candidates for the office of county treasurer of Moody county. The vote as canvassed by the county board of canvassers, gave to the plaintiff 739 votes and to the defendant 742 votes, and thereupon a certificate of election was issued to the defendant. Within the proper time the plaintiff served a notice of contest, in which he alleged numerous errors in the canvass made by the judges of…
2Cases cited2 opinions
- People Ex Rel. Smith v. PeaseNew York Court of Appeals · 1863
- Spurgin v. ThompsonNebraska Supreme Court · 1893
3Cited by42 opinions
- McMahon v. PolkSouth Dakota Supreme Court · 1897
- McNally v. Wayne County CanvassersMichigan Supreme Court · 1946
- State ex rel. Orr v. FawcettWashington Supreme Court · 1897
- Howser v. PepperNorth Dakota Supreme Court · 1899
- Lane v. BaileyMontana Supreme Court · 1904
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