Gibbs v. Bergh

This is an original ■ proceeding in the nature of quo warranto upon the following facts: The city of Sioux Falls is a city under commission form of government. At the regular city election held on the 19th of April, 1927, there were five candidates for the office of municipal judge, namely, Ransom R. Gibbs, Martin Bergh, H. R. Goffer, Christopher Sigler, and B. W. Phillips, and said election resulted in Gibbs receiving 1,824; Bergh, 1,140; Goffer, 814; 'Sigler, 534; and Phillips, 261, votes. As no candidate received a majority of all the votes cast for the office a secondary election under…