Krakowski v. Waskey
South Dakota Supreme Court
Appeal from 'Circuit 'Court, Lake County. Hon. Joseph W. Jones, Judge. Election contest, (by Paul Krakowski, contestant, against George ;PI. Waskey, as Mayor, and Jake Kundert and another, as City 'Commissioners of the City of Madison, involving an election upon the proposition of granting permits for the sale of intoxicating liquors at ¡retail. From a judgment for plaintiff and contestant, defendants appeal.
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Appeal from 'Circuit 'Court, Lake County. Hon. Joseph W. Jones, Judge. Election contest, (by Paul Krakowski, contestant, against George ;PI. Waskey, as Mayor, and Jake Kundert and another, as City 'Commissioners of the City of Madison, involving an election upon the proposition of granting permits for the sale of intoxicating liquors at ¡retail. From a judgment for plaintiff and contestant, defendants appeal. The enrolled bill cannot be contradicted or impeached by the entry in House Journal. State ex rel Lavin v. Bacon, 14 S. D. 409; Niarregang v. Brown County, 14 S. D. 357; Field v. Clark,…
1Opinion of the CourtGates, J.
This is an election contest. The question is whether at the annual election held at Madison, S. D., on April 16, 1913, the proposition' of granting permits for the sale of intoxicating liquors at retail was carried or was defeated. At said election there were deposited in the ballot box 826 ballots upon this question. Of these 826, there were 409 in favor of granting such permit, and 400 'against. Sixteen of the ballots were so illegally and improperly marked that they •could not be counted, and one was a blank. The ultimate. question is this: Are those 17 ballots to be considered in…
2Cases cited14 opinions
- Sherman v. StoryCalifornia Supreme Court · 1866
- Vallier v. BrakkeSouth Dakota Supreme Court · 1895
- Hicks v. KrigbaumArizona Supreme Court · 1910
- Hopkins v. City of DuluthSupreme Court of Minnesota · 1900
- Murdoch v. StrangeCourt of Appeals of Maryland · 1904
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3Cited by12 opinions
- Elfring v. PatersonSouth Dakota Supreme Court · 1939
- Barnsdall Refining Corp. v. WelshSouth Dakota Supreme Court · 1936
- State ex rel. Payne v. AndersonSouth Dakota Supreme Court · 1921
- Minnehaha County v. South Dakota St. Bd. of Equal.South Dakota Supreme Court · 1970
- Ex parte HoeseSouth Dakota Supreme Court · 1925
7 more not listed; retrieve them via the Exa API.