Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 7

Reports of Cases Decided in the Supreme Court of the State of South Dakota Volume 7

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897 edition. Excerpt: ...9 should not have been counted for the defendant. The circles within the circle at the head of the ticket could not be construed to be a cross, and the cross to the right of the name was not effectual for any purpose. This vote should not have been counted for either party. The court finds that in No. 10 each of the ballots had a cross at the head of the ticket, but outside the circle. These tickets were counted for the defendant. This was error for the reasons heretofore stated. The court finds in No. 11 that five ballots were each marked with a cross in the circle at the head of the Republican ticket, the name of the plaintiff erased by three crosses upon his name, and a. cross to the left of defendant's name, and the same were counted for the defendant. In this we think the court was correct. A name may be erased by crosses made upon the same, thus showing an intention to erase it, as well as by drawing a line through it. One of Webster's definations of "erase" is to "cross out." The court finds in No. 12 a cross in the circle at the head of the Republican ticket, the name of the plaintiff crossed out, and a cross at the right of the name of the defendant, and the ticket was counted for the defendant. This was error. It should not have been counted for either party, --not for plaintiff, because his name was erased; not for defendant, because no cross was placed to the left of his name, as the law requires, in order that the vote may be counted as given for him. Finding No. 13 is that three ballots were marked by a cross in the circle at the head of the Peole's party ticket. and the name of defendant was not erased, and a cross_ was placed opposite the name of the plaintiff. This ticket was...
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Product details

  • Paperback | 252 pages
  • 189 x 246 x 13mm | 458g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236841387
  • 9781236841384