Warne v. Noonan

This is an original proceeding brought by the plaintiff Warne to review the action of two county recount boards which had certified the defendant Noonan as elected to the office of State Representative.

Representative district No. 22 consists of the counties of Sully and Hyde and is entitled to one representative. At the general election on November 6, 1956 plaintiff and defendant were candidates for that office. The official canvass of the vote in those counties gave plaintiff a majority of twelve. Pursuant to SDC 16.18 the vote in each county was recounted. The certificates filed by these…