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TENNYSON v. SAYLER

No. 9492.

66 N.W.2d 393 (1954)

Knute TENNYSON, Plaintiff and Appellant, v. Millie L. SAYLER, County Auditor, Pennington County, State of South Dakota, Defendant and Respondent.

Supreme Court of South Dakota.

October 22, 1954.

Attorney(s) appearing for the Case

Bangs & McCullen, Rapid City, and Joseph M. Butler, Rapid City, for appellant.

Robert W. Gunderson, State's Atty., Pennington County, Rapid City, for respondent.

PER CURIAM.

The plaintiff applied to the trial court for a writ of mandamus to command the defendant, auditor of Pennington County, to accept and file his certificate of nomination as an independent candidate for the office of County Commissioner, 5th District, Pennington County. An alternative writ was issued, and a return thereto made. The hearing resulted in a judgment dismissing the writ. The plaintiff has appealed.

Whether SDC Supp. 16.0615, which provides...

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