Bowler v. Eisenhood

Citations

• 1 S.D. 577
• 12 L.R.A. 705
• 48 N.W. 136
• 1891 S.D. LEXIS 65

Syllabus

<p>1. The term “canvass',” as used in Section 1489, Comp. Laws, which provides that “any candidate or person claiming- the right to hold an office contested, or any elector of the proper county desiring to contest the validity of an election or the right of any person declared duly elected to an office in said county, shall give notice thereof within twenty days after the canvass of the votes for such election,” construed to include the decision of a tie vote by the clerk or auditor, as provided by Section 26, c. 84, Laws 1890.</p> <p>2. Where the plaintiff and defendant had an equal and the highest number of votes for the office of sheriff, and the county auditor publicly decided by lot that tho defendant should be “declared duly elected” sheriff, and made and delivered to the defendant so “declared duly elected,” a certificate of his election, held, that the time within which a notice of contest by plaintiff could be served commenced to run from the time such defendant was “declared duly elected,” and that a notice served within twenty days after such declaration was served in time.</p> <p>3. Held, further, that an order of the circuit court setting aside such notice of contest served within twenty days after defendant was declared duly elected sheriff, should be reversed.</p> <p>(Syllabus by the court.</p>