Le Claire v. Wells
South Dakota Supreme Court
Appeal from circuit court, Edmunds county. Hon. Loring E. G-aeey, Judge. Election contest. Judgment for plaintiff, and defendant appeals. The facts are stated in the opinion. The intent of the voter, when not in violation of the election law, should govern, if that intent is made apparent by the ballot itself. In re election, 3 Pa. Dist. Pep. 122; Weidknecht v. Hawk, Id. 124; Provisions of an election law, requiring the ballot to be marked in á certain manner, are mandatory.
Read the full summary
Appeal from circuit court, Edmunds county. Hon. Loring E. G-aeey, Judge. Election contest. Judgment for plaintiff, and defendant appeals. The facts are stated in the opinion. The intent of the voter, when not in violation of the election law, should govern, if that intent is made apparent by the ballot itself. In re election, 3 Pa. Dist. Pep. 122; Weidknecht v. Hawk, Id. 124; Provisions of an election law, requiring the ballot to be marked in á certain manner, are mandatory. Curran v. Clayton, 27 Atl. 933; In re East, 3 Pa. List. Rep. 377; Parvin v. Winberg, 30 N. E. 790. The findings of fact…
1Opinion of the CourtKellam, J.
Appellant and respondent were rival candidates for the office of state’s attorney in and for Edmunds county. Appellant received the certificate of election, and respondent instituted a contest. Upon trial the circuit court, upon an examination and recount of the ballots, found that respondent had received a majority of the votes cast, and adjudged him entitled to the office. From such judgment this appeal is taken.
Respondent contends at the outset that this court cannot examine the questions raised by the assignment of errors, for the reason that no motion for anew trial was made in the court…
2Cases cited3 opinions
- Vallier v. BrakkeSouth Dakota Supreme Court · 1895
- Jones Lumber & Mercantile Co. v. FarisSouth Dakota Supreme Court · 1894
- Parmley v. HealySouth Dakota Supreme Court · 1895
3Cited by7 opinions
- McMahon v. PolkSouth Dakota Supreme Court · 1897
- Keyes v. BaskervilleSouth Dakota Supreme Court · 1919
- MacGregor v. PierceSouth Dakota Supreme Court · 1903
- Smiley v. ArmstrongSouth Dakota Supreme Court · 1938
- Westphal v. NelsonSouth Dakota Supreme Court · 1910
2 more not listed; retrieve them via the Exa API.