Batterton v. Fuller
South Dakota Supreme Court
Appeal from circuit court, Roberts county. Hon. J. O. Andrews, Judge. Action by J. J. Batterton against Burt Fuller to contest defendant’s right to the office of county judge of Roberts county, to which he was declared to have been elected at the general election held in November, 1892. Plaintiff had judgment on the findings of the referee before whom the cause was heard, and appeals from an order granting anew trial. The facts are stated in the opinion.
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Appeal from circuit court, Roberts county. Hon. J. O. Andrews, Judge. Action by J. J. Batterton against Burt Fuller to contest defendant’s right to the office of county judge of Roberts county, to which he was declared to have been elected at the general election held in November, 1892. Plaintiff had judgment on the findings of the referee before whom the cause was heard, and appeals from an order granting anew trial. The facts are stated in the opinion. The legislature may prescribe necessary qualifications for offices requiring skill or training, when there is no constitutional provision on…
1Opinion of the CourtCorson, P. J.
This was an election contest, instituted under the provisions of the statutes of this state. A trial was had resulting in a judgment for plaintiff. A motion for a new trial was made by the defendant and granted by the court, and from the order granting such new trial the plaintiff appeals. The facts sufficiently appear from the ■ notice and amended notice of contest, which are copied into this opinion.
On November 30, 1892, the plaintiff- caused to be served upon the defendant a notice of contest, as follows; “(1) That at all of the times hereinafter mentioned plaintiff was, and now is, an…
2Cases cited12 opinions
- The People Ex Rel. Furman v. . CluteNew York Court of Appeals · 1872
- State ex rel. Carson v. HarrisonIndiana Supreme Court · 1888
- State ex rel. Attorney General v. VailSupreme Court of Missouri · 1873
- State ex rel. Off v. SmithWisconsin Supreme Court · 1861
- Saunders v. HaynesCalifornia Supreme Court · 1859
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3Cited by16 opinions
- State ex rel. Butler v. CallahanNorth Dakota Supreme Court · 1895
- Tunks v. VincentCourt of Appeals of Kentucky · 1899
- Gillespie v. DionMontana Supreme Court · 1896
- Fields v. NicholsonIndiana Supreme Court · 1926
- Humphries v. McAuleyIndiana Supreme Court · 1933
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