McMahon v. Polk
South Dakota Supreme Court
Appeal from circuit court, Meade county. Hon. A. J. Plowman, Judge. Statutory contest proceeding by Michael McMahon against Charles C. Polk to determine their respective rights to the office of state’s attorney. Plaintiff had judgment and defendant appeals. The facts are stated in the opinion. The notice of contest was fatally defective, in that it contained jno allegation that plaintiff was learned in the law. §§ 24, 25, Art. 5, Const.
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Appeal from circuit court, Meade county. Hon. A. J. Plowman, Judge. Statutory contest proceeding by Michael McMahon against Charles C. Polk to determine their respective rights to the office of state’s attorney. Plaintiff had judgment and defendant appeals. The facts are stated in the opinion. The notice of contest was fatally defective, in that it contained jno allegation that plaintiff was learned in the law. §§ 24, 25, Art. 5, Const. It was error to reject the votes of Wells and Minard for the reason that they resided within the boundaries of a military reservation. Budd v. Holden, 28 Cal.…
1Opinion of the CourtFuller, J.
This statutory contest proceeding between opposing candidates for the office of state’s attorney at the November, 1896, election, held in Meade county, resulted in a judgment awarding the office to plaintiff, and the defendant appeals therefrom, and from an order overruling a motion for a new trial.
From appellant’s abstract, and the record transmitted to this court, it affirmatively appears that judgment was entered on the 19th day of June, 1897, and that an order overruling the motion for a new trial was made and entered on the 20th day of July following. As the appeal was not taken until…
2Cases cited14 opinions
- United States v. MorrisSupreme Court of the United States · 1825
- Vallier v. BrakkeSouth Dakota Supreme Court · 1895
- Garr, Scott & Co. v. SpauldingNorth Dakota Supreme Court · 1892
- Haggard v. WallenNebraska Supreme Court · 1877
- Dennis v. CaughlinNevada Supreme Court · 1895
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