Boehrs v. Madsen

This is an election contest. The trial court held in favor of contestant, and the contestee has appealed. Appellant first questions the right of the contestant under the allegations contained in the notice of contest to have the ¡ballots recounted. We are satisfied that this contention of appellant is ¡without merit under the decisions of this court in Tschetter v. Ray, 28 S. D. 604, 134 N. W. 796; Althen v. Fowler, 35 S. D. 363, 152 N. W. 337.

Appellant's principal contention is that the evidence discloses that certain of the ballot boxes and the ¡ballots contained therein had been tampered…