McMahon v. Crockett

Citations

• 12 S.D. 11
• 80 N.W. 136
• 1899 S.D. LEXIS 65

Syllabus

<p>1. Where a notice of motion for a new trial specifies all the errors relied on, and is made a part of the bill of exceptions settled by the court, one of which is that the evidence is insufficient to support the findings of fact, appellant is entitled to a review of the evidence on appeal, though the bill of exceptions contained no specifications of error.</p> <p>2. Under Comp. Laws, § 1468, requiring judges and clerks of election of each precinct to deliver the ballot boxes used at an election, duly sealed, to the chairman of the board of commissioners of the county, who is required to safely keep same, where certain of the ballot boxes used at an election were delivered to contestant, a candidate at such.election, who opened them, and the contents of one of the boxes, as it appeared at the trial, were not the same as when so delivered, contestant was not entitled to assail the official canvass of the votes on which a certificate of election was issued to respondent.</p>