Kadlec v. Pavik
North Dakota Supreme Court
Appeal from District Court, Walsh County; Sauter, J. Action by John Kadlec against Frank Pavik. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtBartholomew, C. J.
This is a contest over the office of village marshal in the Village of Pisek, in Walsh county. The election was held May 1, 1899, and a certificate of élection was duly issued to the contestee by the proper canvassing board. On the trial the court found the votes to be a tie, and ordered the cancellation of the certificate of election, and that the board of canvassers reconvene and cast lots, as the statutes direct in case of a tie. The contestee appeals.
Numerous errors are assigned and argued at length, but we shall *279confine ourselves to those which relate to the legality of the ballot cast…
2Cases cited5 opinions
- Hauenstein v. LynhamSupreme Court of the United States · 1880
- People Ex Rel. Smith v. PeaseNew York Court of Appeals · 1863
- Gilleland v. SchuylerSupreme Court of Kansas · 1872
- Davis v. State ex rel. WrenCourt of Appeals of Texas · 1889
- Gumm v. HubbardSupreme Court of Missouri · 1888
3Cited by6 opinions
- State Ex Rel. Sathre v. MoodieNorth Dakota Supreme Court · 1935
- Schillerstrom v. SchillerstromNorth Dakota Supreme Court · 1948
- Holgerson Ex Rel. Holgerson v. City of Devils LakeNorth Dakota Supreme Court · 1933
- Nelson v. GassNorth Dakota Supreme Court · 1914
- Holtan v. BeckNorth Dakota Supreme Court · 1910
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