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MUTERS v. SCHIMMEL

No. 11259.

217 N.W.2d 149 (1974)

Marlys MUTERS, Plaintiff and Respondent, v. Gladys SCHIMMEL, Defendant and Appellant.

Supreme Court of South Dakota.

April 24, 1974.

Attorney(s) appearing for the Case

Roger R. Gerlach, Salem, for plaintiff and respondent.

Rollyn H. Samp, Sioux Falls, John A. Shaeffer, Flandreau, for defendant and appellant.

BIEGELMEIER, Chief Justice.

The official canvass of votes for the office of McCook County Register of Deeds found Gladys Schimmel had received 1935 votes and Marlys Muters had received 1928 votes. Marlys Muters filed a petition for a recount, and the recount board filed its certificate of the recount of the votes showing the following result: Schimmel-1906 votes, Muters-1904 votes.

Thereupon, Muters filed a petition for a writ of certiorari with the clerk...

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