Smith v. Lawrence
South Dakota Supreme Court
Appeal from the circuit court, Sully county. Hon. H. G. Fuller, Judge. Application for a mandamus to compel the defendants to reconvene as a board of canvassers of Sully county, and to count, canvass and abstract all the votes cast in said county. The defendants first moved to dismiss the application, which motion was denied. They then demurred to the application, and the demurrer was overruled. They then answered and the cause was tried upon the issues thereupon raised.
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Appeal from the circuit court, Sully county. Hon. H. G. Fuller, Judge. Application for a mandamus to compel the defendants to reconvene as a board of canvassers of Sully county, and to count, canvass and abstract all the votes cast in said county. The defendants first moved to dismiss the application, which motion was denied. They then demurred to the application, and the demurrer was overruled. They then answered and the cause was tried upon the issues thereupon raised. Plaintiff had judgement. From that judgment this appeal is taken. The facts are stated in the opinion. Mandamus proceedings…
1Opinion of the CourtCorson, J.
On the 27th day of December, 1890, Daniel M. Smith, plaintiff and respondent, applied to the circuit court of the sixth circuit, sitting in vacation, for a peremptory writ of mandamus, to be directed to the defendants, commanding them to reconvene as a board of canvassers of Sully county, and to complete said board by calling to its assistance another county officer, as provided by law, and to proceed to count, canvass, and abstract all the votes cast in said county, including precinct No. 26. Notice of the application was duly served, with a copy of the affidavit on which the application was…
2Cases cited26 opinions
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- Lewis v. Comm'rs of Marshall Co.Supreme Court of Kansas · 1876
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3Cited by24 opinions
- State Ex Rel. Daugherty v. County Court of Lincoln CountyWest Virginia Supreme Court · 1944
- Howard v. City of HuronSouth Dakota Supreme Court · 1894
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- Howard v. City of HuronSouth Dakota Supreme Court · 1894
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