McMahon v. Polk

Citations

• 10 S.D. 296
• 46 L.R.A. 830
• 73 N.W. 77
• 1897 S.D. LEXIS 61

Syllabus

<p>1. It is not necessary to specifically recite in an order overruling a motion for a new trial, heard pursuant to stipulation, that the new trial is denied.</p> <p>2. In a contest for office, an obj*ction that no facts are presented for review is without merit where appellant’s abstract contains an order, not found in the record, directing that certain ballots and poll books be certified to the supreme court, and it appears that the same are so certified pursuant to stipulation and the order of the trial judg’e making such ballots part of the findings of fact.</p> <p>3. An appeal from the j udgment alone brings up the findings of fact, and also the evidence upon which they are based, if such evidence is included in the findings.</p> <p>4. In a contest for the office of state’s attorney, under Comp. Laws, §§ 1489, 1491, the omission, in the certificate of nomination, of the words “learned in the law,” required as a qualification for candidates by Const. Art. 5, §§ 24, 25, is obviated by an averment in the answer to the effect that at the time of the election plaintiff was, and still is the legally qualified and acting state’s attorney, as every essential fact appearing in the pleadings, in the absence of a demurrer or motion to dismiss,defendant has no cause for complaint.</p> <p>5. A person, though not in the army or navy, cannot, by long and continuous residence within the boundaries of a reservation, the jurisdiction whereof is ceded to the United States (Const. Art. 26, § 18), acquire the right to vote at a state election held in the county wherein such reservation is situated.</p> <p>6. Two or more crosses at the head of party tickets upon the same ballot destroy the effect entirely, although one of the parties made no nominations for certain offices.</p> <p>7. A blurred cross, apparently made with a rubber stamp, the outline of which is traced with a pencil, forming a perfect cross in the circle at the head of the party ticket is sufficient.</p> <p>8. The fac