Legal Opinion

Church v. Walker

South Dakota Supreme Court

Decided July 14, 1897PublishedCited by 11 opinions

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.

1Opinion of the Court

Corson, P. J.'

This was an election contest, wherein the plaintiff claimed he was duly elected county judge of Lyman county, but that, by a mistake in counting the vote, the canvassers declared the defendant elected, and issued to him a certificate of election. Judgment for the plaintiff and the defendant appeals.

Upon calling the first witness on the part of the plaintiff, the defendant objected to the introduction of any evidence under the notice of contest, upon the ground, among others, that “the notice of contest does not state facts sufficient to constitute a cause of action, and because…

2Cases cited7 opinions

  1. Vallier v. BrakkeSouth Dakota Supreme Court · 1895
  2. Rutledge v. CrawfordCalifornia Supreme Court · 1891
  3. Sego v. StoddardIndiana Supreme Court · 1894
  4. Gade v. CollinsSouth Dakota Supreme Court · 1896
  5. McKittrick v. PardeeSouth Dakota Supreme Court · 1895

2 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. McMahon v. PolkSouth Dakota Supreme Court · 1897
  2. Howser v. PepperNorth Dakota Supreme Court · 1899
  3. Ward v. FletcherSouth Dakota Supreme Court · 1915
  4. Treat v. MorrisSouth Dakota Supreme Court · 1910
  5. Turregano v. WhittingtonSupreme Court of Louisiana · 1913

6 more not listed; retrieve them via the Exa API.

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