State Ex Rel. Walter v. Gutzler

During the general election held November 2, 1976, Merwyn Walter, relator, and Rodney Eugene Gutzler were rival candidates for the office of Representative from the Ninth Legislative District of South Dakota. In that election, Gutzler defeated the incumbent, Walter.

On December 30, 1976, relator, through Paul Dold, Miner County State’s Attorney, applied for a writ of quo warranto in this court alleging that this court has jurisdiction under SDCL 15-25-1, SDCL 12-22-7 and South Dakota Constitution, Art. V, § 5. Supporting the application for a writ of quo warranto was a complaint and…