Kundert v. City of Madison
South Dakota Supreme Court
Appeal from Circuit Court, Lake County. Hon. Joseph W. Jones, Judge. Election contest proceedings -by Jacob Kundert, against J. A. Jofan-son, apposing- candidate, and others, involving the validity of an election for city commissioner. From an order and judgment dismissing' the proceeding, plaintiff appeals. (1) To point one of the ¡opinion, Appellant cited: Laws 1913, Chap. 20, Secs, r, 12; Pen.
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Appeal from Circuit Court, Lake County. Hon. Joseph W. Jones, Judge. Election contest proceedings -by Jacob Kundert, against J. A. Jofan-son, apposing- candidate, and others, involving the validity of an election for city commissioner. From an order and judgment dismissing' the proceeding, plaintiff appeals. (1) To point one of the ¡opinion, Appellant cited: Laws 1913, Chap. 20, Secs, r, 12; Pen. Code, Secs. 56, 64.; State ex rel Newell v. Purdy, 36 Wis. 213; Prentiss v. Delttmer, 112 N. E. 1021; Carrothers v. Russell, 5 N. W. 499. Respondents cited: Raws 1913, Chap. 203, Sec. 12. (2) To…
1Opinion of the CourtMcCOY, J.
Jacob Kundert, appellant, and J. A. Johnson, respondent, were candidates for the office of commissioner of the city of Madison at an election held on.the 18th day of April, 1916, at which election the respondent received more votes than appellant. The appellant instituted this contest against respondent to have said election -declared- vO-id on the ground of fraud practiced and perpetrated by the respondent. The notice of contest contained' the following allegations:
*45That on the 18th day of April, 1916, the plaintiff was an elector of the city of 'Madison, S. D., and1 a taxpayer therein. That…
2Cases cited5 opinions
- State ex rel. Newell v. PurdyWisconsin Supreme Court · 1874
- Carrothers v. RussellSupreme Court of Iowa · 1880
- Tate v. . PoweSupreme Court of North Carolina · 1870
- Freshour v. HowardCalifornia Supreme Court · 1904
- Ford v. WrightSupreme Court of Minnesota · 1868
3Cited by7 opinions
- Adair v. McElreathSupreme Court of Georgia · 1928
- Tipton v. SandsMontana Supreme Court · 1936
- Warren v. BrownSouth Dakota Supreme Court · 1930
- Johnson v. SwansonSouth Dakota Supreme Court · 1926
- Rooney v. RiceSouth Dakota Supreme Court · 1939
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