Church v. Walker
South Dakota Supreme Court
Appeal from circuit court, Lyman county. Hon. Frank B. Smith, Judge. Statutory contest proceedings to test the election of defendant to the office of county judge. Plaintiff had judgment and defendant appeals. The facts are stated in the opinion. The notice of contest is fatally defective. Smith v. Harris, 32 Pac. 616; Whitney v. Blackburn, 21 Id. 874; Gillespie v. Dion, 44 Pac. 954; Rutledge v. Crawford, 27 Id. 779; Batterton v. Fuller, 60 N. W. 1071.
1DissentFuller, J.
Under Sections 1489 and 1491 of the Compiled Laws, none but a candidate or person claiming the right to hold an office can institute an election contest in his own name, and upon his own motion, and this court has *97expressly held that a failure to state facts in the notice of contest sufficient to entitle him to the office invalidates the entire proceeding. As the notice of contest is the jurisdictional paper, constituting, in effect, both the summons and complaint, a statement therein that the contestant was an elector of the county, and a candidate for the office which he seeks to recover,…
2Cases cited8 opinions
- Gillet v. FairchildNew York Supreme Court · 1847
- Rutledge v. CrawfordCalifornia Supreme Court · 1891
- Rhoda v. Alameda Cty.California Supreme Court · 1877
- Cruger v. HallidayNew York Court of Chancery · 1844
- Brown v. PhillipsWisconsin Supreme Court · 1888
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