7 S.D. 401 | S.D. | 1895
This is a civil proceeding under the statute, between opposing candidates at the November, 1894, election for the office of county judge. Although a certificate of election was issued to the defendant, the court before whom the contest was tried found plaintiff to be the duly elected officer, and from a judgment accordingly entered defendant appeals.
Respondent received 478, and appellant 481, undisputed votes; and of the 19 ballots about which there was a contention between
As this case is ruled by Vallier v. Brakke, supra, the statute therein discussed at length will receive no further attention. Applying the rules of construction by which we were govorned in that case to the ballots here presented for examination, we find that respondent received a majority of all the legal votes cast for the office of county judge, and we therefore affirm the judgment of the trial court.