McMahon v. Crockett
South Dakota Supreme Court
Appeal from circuit court, Pennington county. Hon. Joseph. B. Moore, Judge. Election contest by Peter F. McMahon against Horace Crockett. From a judgment in favor of contestant, respondent appeals. There was a full assignment of errors in the notice of motion for a new trial, which was incorporated into the bill of exceptions, and this was a sufficient compliance with the statute. Mt. Terry Min.
Read the full summary
Appeal from circuit court, Pennington county. Hon. Joseph. B. Moore, Judge. Election contest by Peter F. McMahon against Horace Crockett. From a judgment in favor of contestant, respondent appeals. There was a full assignment of errors in the notice of motion for a new trial, which was incorporated into the bill of exceptions, and this was a sufficient compliance with the statute. Mt. Terry Min. Co. v. White, 10 S. D. 620; Reagan v. McKibben, 11 S. D. 270. It was also stipulated in open court that the stenographer’s transcript should be settled as the bill of exceptions. Under the law of this…
1Opinion of the CourtFuller, J.
This statutory contest for the office of county auditor resulted in a judgment predicated upon findings of fact favorable to Peter F. McMahon. Horace Crockett, the opposing candidate, holding the certificate of election, based upon the determination of the board of county canvassers that upon the face of the returns he had received a majority of one vote, prosecutes this appeal.
*13As the notice of intention to move for a new trial specifies all the errors relied upon, and is made a part of the bill of exceptions settled by the court in accordance with a stipulation entered into by counsel for…
2Cases cited9 opinions
- Hudson v. SolomonSupreme Court of Kansas · 1877
- People Ex Rel. Dailey v. . LivingstonNew York Court of Appeals · 1879
- Davenport v. OlerichSupreme Court of Iowa · 1897
- Howser v. PepperNorth Dakota Supreme Court · 1899
- Kingery v. BerryIllinois Supreme Court · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Allen v. VojeWisconsin Supreme Court · 1902
- Allen v. LaudahnIdaho Supreme Court · 1938
- Thoms v. AndersenSouth Dakota Supreme Court · 1975
- Lennan v. Pollock State BankSouth Dakota Supreme Court · 1907
- Thoms v. AndersenSouth Dakota Supreme Court · 1975
2 more not listed; retrieve them via the Exa API.