In re Consolidation of School Districts
South Dakota Supreme Court
Appeal ‘from Circuit Court, Grant County. Hon. Frank Anderson, Judge. In the Matter of Contest by E. J. Fosfoerg (who contests on his own behalf and that of other electors, tax payers and freeholders of the district affected, similarly situated,) of an-election for consolidation of school district Nos. i and 4 of Troy Township, Grant 'County, South Dakota, and School District No. 63 of Waverly Township, 'Codington County, South Dakota.
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Appeal ‘from Circuit Court, Grant County. Hon. Frank Anderson, Judge. In the Matter of Contest by E. J. Fosfoerg (who contests on his own behalf and that of other electors, tax payers and freeholders of the district affected, similarly situated,) of an-election for consolidation of school district Nos. i and 4 of Troy Township, Grant 'County, South Dakota, and School District No. 63 of Waverly Township, 'Codington County, South Dakota. From an order dismissing the contest upon its merits, and from an order denying a new trial, contestant appeals. (2) To point two of the opinion, Respondent…
1Opinion of the CourtSmith, J.
This is a contest of an election for consolidation of two school districts in Grant county and an adjoining district in 'Codington county. Proceedings up to the actual holding of the election are not questioned. The notice of election stated that the polls would he open from 1 until 4 o’clock. In fact, the polls were opened about 1:35 p. m. and closed at 4 p. m. Upon a canvass of the vote it was found that there were 96 ballots cast, of which 46 ballots for consolidation were correctly marked, and 33 ballots against consolidation were correctly marked.
The ballot used was in the following form:
2Cases cited7 opinions
- State ex rel. Spence v. Judge of the Ninth Judicial CircuitSupreme Court of Alabama · 1848
- Isaacson v. ParkerSouth Dakota Supreme Court · 1920
- Olson v. City of LemmonSouth Dakota Supreme Court · 1914
- Carr v. Wakonda Independent Consolidated School District No. 1South Dakota Supreme Court · 1921
- McDowell v. . the Construction Co.Supreme Court of North Carolina · 1887
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