Althen v. Fowler
Supreme Court Of The Territory Of Dakota
Appeal from 'Circuit Court, Davison County. Hon. Frank B. Smith, Judge. Action by John Althen, Jr., against Charles Fowler, to contest an election. From a judgment for defendant, plaintiff appeals.
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Appeal from 'Circuit Court, Davison County. Hon. Frank B. Smith, Judge. Action by John Althen, Jr., against Charles Fowler, to contest an election. From a judgment for defendant, plaintiff appeals. The evidence showed, in substance, that the ballot boxes in question had been opened but once, viz., -at the time and place when the canvassing bo-a-rd met; that the ballot boxes were not delivered to the chairman of the Board of -County Commissioners, but were delivered to the county auditor; that the keys were not delivered to the chairman- of the county board until sometime after the canvass;…
1Opinion of the CourtWhiting, J.
This is an appeal from an election contest wherein the contestant sought a recount of the 'ballots cast in certain precincts. After introducing- evidence showing the disposition of the ballot boxes at the -close of the canvass of the votes by the election judges of the several precinct's, as well as the care of such boxes from such time until the trial of the cause below, contestant offered each box in evidence, together with “the poll •book and the ballots therein contained, and asks that the court order the same opened and the ballots counted.” Respondent objected to each of said offers…
2Cases cited1 opinion
- Tschetter v. RaySouth Dakota Supreme Court · 1912
3Cited by4 opinions
- Boehrs v. MadsenSouth Dakota Supreme Court · 1935
- Thoms v. AndersenSouth Dakota Supreme Court · 1975
- Thoms v. AndersenSouth Dakota Supreme Court · 1975
- Thoms v. AndersenSouth Dakota Supreme Court · 1975