Parmley v. Healy
South Dakota Supreme Court
Appeal from circuit court, Edmunds county. Hon. LoriNG E. Gaeey, Judge. Joseph W. Parmley filed a notice of contest of election on John J. Healy. Judgment for plaintiff, and defendant appeals. The facts are stated in the opinion. The intent of the voter, when not in violation of the election law, should govern, if that intent is made apparent by the ballot itself. In re Election, 3 Pa. His.
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Appeal from circuit court, Edmunds county. Hon. LoriNG E. Gaeey, Judge. Joseph W. Parmley filed a notice of contest of election on John J. Healy. Judgment for plaintiff, and defendant appeals. The facts are stated in the opinion. The intent of the voter, when not in violation of the election law, should govern, if that intent is made apparent by the ballot itself. In re Election, 3 Pa. His. Rep. 122; Weidknecht v. Hawk, Id. 124. Provisions of an election law requiring the ballot to be marked in a certain manner are mandatory. Curran v. Clayton, 27 Atl. 933; In re East, 3 Pa. Dist. Rep. 377;…
1Opinion of the CourtFuller, J.
This is a civil proceeding under the statute, between opposing candidates at the November, 1894, election for the office of county judge. Although a certificate of election was issued to the defendant, the court before whom the contest was tried found plaintiff to be the duly elected officer, and from a judgment accordingly entered defendant appeals.
Respondent received 478, and appellant 481, undisputed votes; and of the 19 ballots about which there was a contention between *403tbe parties, the court construed 14 to be votes for respondent, 4 for appellant, and 1 for neither candidate. Of these…
2Cases cited1 opinion
- Vallier v. BrakkeSouth Dakota Supreme Court · 1895
3Cited by6 opinions
- McMahon v. PolkSouth Dakota Supreme Court · 1897
- Chamberlain v. WoodSouth Dakota Supreme Court · 1901
- Church v. WalkerSouth Dakota Supreme Court · 1897
- Le Claire v. WellsSouth Dakota Supreme Court · 1895
- Roberts v. BopeNorth Dakota Supreme Court · 1905
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