Smiley v. Armstrong

If the majority opinion, concerning Exhibits 6E, 13H, and 14D, is bottomed on the proposition that these erasures amount to spoiled ballots which should have been returned by the elector but which were deposited in the ballot box instead, and should therefore not be counted on account of ■being spoiled ballots, then this decision, in my judgment, does not fall within the case of Woodruff v. Heltibridle, 37 S. D. 35, 156 N. W. 579, 580. While it is true that considerable is stated as to spoiled ballots in that case, yet the court did not say that spoiled ballots 'were void ballots. As I…