28 S.D. 604 | S.D. | 1912
This is an election contest brought to determine who was elected mayor of the city of Bridgewater; the only issue raised by the pleadings and demanding our attention rests upon the allegation that several ballots, marked with the cross at the right of defendant’s name,’were wrongfully counted and canvassed for the defendant. It is conceded that, according to the count of the judges of election as convassed by the canvassing board, it appeared that the defendant received 96 votes and the plaintiff 95, and a certificate of election was issued in accordance therewith. The trial court found that, of the 96 votes counted and canvassed as for defendant, five “were marked with a cross at the right of the name of the defendant, and had no cross or mark at the left and in front of the name of defendant, where the name of defendant appears on said ballot”; and, as a conclusion of law therefrom, the court found that the defendant received only 91 votes. Judgment entered for plaintiff, and from this judgment defendant has appealed to this court.
The judgment of the trial court is affirmed.