Bowler v. Eisenhood
South Dakota Supreme Court
Appeal from circuit court, Brown county. Hon. A. W. Campbell, Judge. Order to show cause upon the plaintiff why a notice of contest of an election should not be set aside because not served within twenty days after the canvass of the votes. Upon the hearing of the order to show cause the lower court made an order setting aside the notice of contest. From that order plaintiff appeals. Reversed. Kellam, J., dissenting.
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Appeal from circuit court, Brown county. Hon. A. W. Campbell, Judge. Order to show cause upon the plaintiff why a notice of contest of an election should not be set aside because not served within twenty days after the canvass of the votes. Upon the hearing of the order to show cause the lower court made an order setting aside the notice of contest. From that order plaintiff appeals. Reversed. Kellam, J., dissenting. The facts so far as material are fully stated in the opinion. The twenty days after the canvass of the votes cast at an election allowed by statute for the service of notice of…
1Opinion of the CourtCorson, P. J.
At the general election held in Brown county on November 4, 1890, three persons were voted for for the office of sheriff of that county, two of whom were the plaintiff and defendant herein. On November 10th following the election a board of canvassers for that county was convened at the county seat of said county, and it proceeded ‘ ‘to open the returns from the various precincts in said county, and make abstracts of the votes,” as provided by law, and on November 14th adjourned. This canvass disclosed the fact that the plaintiff and defendant had the highest and an equal number of votes for…
2Cited by10 opinions
- Rogers v. ShanahanSupreme Court of Kansas · 1976
- Smith v. LawrenceSouth Dakota Supreme Court · 1891
- Batterton v. FullerSouth Dakota Supreme Court · 1894
- McGregor v. Bd. of Trs. of BurlingameCalifornia Supreme Court · 1911
- Weis v. CommissionerUnited States Board of Tax Appeals · 1934
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