Walton v. Olson
North Dakota Supreme Court
From a judgment of the District Court of Ward County, Honorable K. E. Leighton, Judge, dismissing an election contest, contestants appeal. “The objection that the action was not commenced within the time limited can only be taken advantage of by answer.” Comp. Laws 1913, § 7358. The rules of practice, unless otherwise provided, are the same as provided by the Code of Civil Procedure. Comp.
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From a judgment of the District Court of Ward County, Honorable K. E. Leighton, Judge, dismissing an election contest, contestants appeal. “The objection that the action was not commenced within the time limited can only be taken advantage of by answer.” Comp. Laws 1913, § 7358. The rules of practice, unless otherwise provided, are the same as provided by the Code of Civil Procedure. Comp. Laws 1913, § 1057. Agents cannot delegate their authority without express permission from their principals. Pickert v. Pugg, 1 N. D. 230; 31 Cyc. 14.25 et seq; Comp. Laws 1913, § 6362. A contest on the…
1Opinion of the CourtChristianson, J.
This an election contest involving the nomination of the Republican candidates for members of the house of representatives for the 29th legislative district. The primary election was held on June 26th, 1918. In their notice of contest, the contestants-state that the votes cast at such primary election for the parties to this contest were canvassed by the canvassing board, and that according to the report of said canvassing board the contestants and contestees herein received the following total votes at such election:
Anthony Walton.................................. 1154 votes
Bert…
2Cases cited4 opinions
- Walsh v. MayerSupreme Court of the United States · 1884
- Leu v. MontgomeryNorth Dakota Supreme Court · 1914
- State ex rel. Miller v. FlahertyNorth Dakota Supreme Court · 1912
- Dobson v. LindekugelSouth Dakota Supreme Court · 1917
3Cited by16 opinions
- Bormann v. BeckmanNorth Dakota Supreme Court · 1945
- Kee v. RedlinNorth Dakota Supreme Court · 1972
- State Ex Rel. Williamson v. CarterSupreme Court of Oklahoma · 1936
- State Ex Rel. Lanier v. HallNorth Dakota Supreme Court · 1946
- State ex rel. Hatfield v. CarringtonSupreme Court of Iowa · 1922
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