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CAHALAN v. TERRY

No. 9212.

45 N.W.2d 460 (1950)

CAHALAN v. TERRY.

Supreme Court of South Dakota.

December 26, 1950.

Attorney(s) appearing for the Case

Paul F. Burke, Miller, Max Royhl, Boyd M. Benson, Huron, for plaintiff.

D. C. Walsh, Miller, for defendant.

RUDOLPH, Judge.

This is a recount proceeding brought under the provisions of SDC 16.18. Certiorari to review the action of the recount board was accepted by this court under the provisions of SDC 16.1819, the recount concerning the election of a member of the Legislature.

The recount board declared the defendant, John C. Terry, elected to the office of state representative of District No. 23 by a majority of one vote.

The first question presented relates...

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