Effertz v. Schimelpfenig

Julius J. Olson, Justice.

At the 1938 general election, contestant and contestee were opposing candidates for the office of county auditor of Carver county. Contestee received a substantial majority (4,649 to 3,437) of the votes cast and was declared elected. In this proceeding contestant claims that his opponent had violated the corrupt practices act and for that reason should be ousted, and that he (contestant) should be adjudged “the one who was elected” to that office.

The court made extensive findings and, based upon these, concluded that judgment should be entered declaring contestee’s…