Murray v. Whitmore
South Dakota Supreme Court
Appeal from circuit court, Lake county. Hon. Joseph W. Jones, Judge. Action by Oscar O. Murray, state’s attorney for Lake county, on the relation of Charles Bingham, against William Whitmore, to contest defendant’s election to the office of mayor of the city of Madison. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals. The facts are stated in the opinion.
1Opinion of the CourtHaney, J.
This action was instituted to contest the election of defendant to the office of mayor of the city of Madison, under the provisions of Compiled Laws, §§ 1489-1501, inclusive. It was tried by a referee, who filed a report and decision in-favor of plaintiff. The report was accepted by the court, and judgment entered thereon. Subsequently a motion for a new trial was heard and denied, and defendant appealed from the judgment and from the order denying a new trial. Respondent moved to dismiss the appeal upon two grounds: (1) Because the appeal was not taken within 60 days after the entry of final…
2Cited by3 opinions
- Breeden v. MartensSouth Dakota Supreme Court · 1907
- Bronson v. City of Rapid CitySouth Dakota Supreme Court · 1935
- Casserly v. MarshallSouth Dakota Supreme Court · 1915