Axtell v. Rooks
South Dakota Supreme Court
Appeal from Circuit Court, Perkins County. Hon. Raymond L. Dirrman, Judge. Action 'by A. A. Axtell, against John Rooks, to determine an / election contest. From a judgment of dismissal of the action, plaintiff appeal's. (i.) To point one of the opinion, Appellant cited: Morrissey v. Gray, (Cal.) 117 Pac. 438. (2.) To' point two. of .the opinion, Appellant cited: Buck-miller v. Railway, 164 la. 502, 146 N. W. 447-; XVII Bncy.
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Appeal from Circuit Court, Perkins County. Hon. Raymond L. Dirrman, Judge. Action 'by A. A. Axtell, against John Rooks, to determine an / election contest. From a judgment of dismissal of the action, plaintiff appeal's. (i.) To point one of the opinion, Appellant cited: Morrissey v. Gray, (Cal.) 117 Pac. 438. (2.) To' point two. of .the opinion, Appellant cited: Buck-miller v. Railway, 164 la. 502, 146 N. W. 447-; XVII Bncy. PL and Pi\, 950-952; 32 Cyc, 537-540, and cases cited; Williams v. Hutchinson, 26 Fla. 448, 7 So. 852. (3.) To point three of the opinion, Appellant cited: Pol. Code,…
1Opinion of the CourtWhiting, J.
[1-3] Plaintiff, the then sheriff of Perkins county, S'. D., 'was at the election in November, 1916, a candidate for reelection. Defendant was an opposing candidate, and the. canvassing board declared him elected. Plaintiff instituted a contest seeking to have the determination of the board of canvassers overturned and himself adjudged elected to such office. This contest was instituted during plaintiff’s term as sheriff and the notice of contest was served by one who was at the time plaintiff’s deputy. The statute (section 1988, P. C.) provides that service of notice of' contest shall be…
2Cases cited2 opinions
- First National Bank v. EstensonSupreme Court of Minnesota · 1897
- Buckmiller v. Creston, Winterset & Des Moines Ry. Co.Supreme Court of Iowa · 1914
3Cited by5 opinions
- Carol M. Sieg v. Keith E. KarnesCourt of Appeals for the Eighth Circuit · 1982
- Johnson v. KuselSouth Dakota Supreme Court · 1980
- Meisel v. Piggly Wiggly Corp.South Dakota Supreme Court · 1988
- Mintle v. SylvesterSupreme Court of Iowa · 1924
- Farmers Elevator Co. v. KapaunSouth Dakota Supreme Court · 1941