Dobson v. Lindekugel
South Dakota Supreme Court
Appeal from Circuit Court, Hanson County. lion. Franic B. Smith, Judge. Election contest .by J. II. Dobson against B. H. Lindekugel, to determine an election for-county auditor. From a judgment for defendant, plaintiff appeals. (i.) To point two of the opinion, Appellant cited: Church v. Walker, (S. D.) 72 N. W. 101, on rehearing, 74 N. W. 198^ Respondent cited: McCrary on Elections, 3rd ed. Sec. 399; Gillespie v. Dion, 33 L. R. A. 703; Pol.
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Appeal from Circuit Court, Hanson County. lion. Franic B. Smith, Judge. Election contest .by J. II. Dobson against B. H. Lindekugel, to determine an election for-county auditor. From a judgment for defendant, plaintiff appeals. (i.) To point two of the opinion, Appellant cited: Church v. Walker, (S. D.) 72 N. W. 101, on rehearing, 74 N. W. 198^ Respondent cited: McCrary on Elections, 3rd ed. Sec. 399; Gillespie v. Dion, 33 L. R. A. 703; Pol. Code, Secs. 1990, 1998. . (2.) To point two of the opinion, Appellant cited: Plardy v. Woods, (S. D.) 146 N. W. 568; Noziska et al. v. Aten, (S. D.) 152…
1Opinion of the CourtPolley, J.
This is an election contest wherein the plaintiff claims that -he was legally elected to the office of county auditor of Hanson county, at the general election held on the 7th day of November, 1916, but that, because of a mistake in counting and canvass of the vote, the canvassers declared defendant elected to said office.
Plaintiff served and filed a notice of contest in which he sets out the grounds on which he contests defendant’s election, but he does not allege that he had been a candidate for said office, or that his name had appeared on the printed ballot that had been used at the said-…
2Cases cited3 opinions
- Batterton v. FullerSouth Dakota Supreme Court · 1894
- Bowler v. EisenhoodSouth Dakota Supreme Court · 1891
- Hardy v. WoodsSouth Dakota Supreme Court · 1914
3Cited by7 opinions
- Lafargue v. WaggonerSupreme Court of Arkansas · 1934
- Walton v. OlsonNorth Dakota Supreme Court · 1918
- State Ex Rel. Ingles v. Circuit CourtSouth Dakota Supreme Court · 1934
- Dobson v. LindekugelSouth Dakota Supreme Court · 1917
- Nelson v. DickensonSouth Dakota Supreme Court · 1936
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