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MATTER OF APPEAL FROM RECOUNT IN ELECTION CONTEST

No. 81-188.

105 Wis.2d 468 (1981)

313 N.W.2d 869

IN the MATTER OF an APPEAL FROM RECOUNT IN the ELECTION CONTEST OF Charles HAYDEN & George JOHNSON: George JOHNSON, Appellant, v. Charles HAYDEN, Respondent.

Court of Appeals of Wisconsin.

Decided November 24, 1981.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Charles V. Feltes and Kostner, Ward, Galstad & Koslo, of Osseo.

For the respondent the cause was submitted on the brief of Thomas E. Lister and Sherman, Stutz & Lister, of Black River Falls.

Before Gartzke, P.J., Bablitch, J. and Dykman, J.

DYKMAN, J.

George Johnson appeals from an order directing the Jackson County Clerk to certify Charles Hayden as the duly elected sheriff of Jackson County. Johnson claims that the board of canvassers erred in failing to count five ballots and in counting 25 others. We agree with Johnson's first contention but disagree with the second. Our conclusion mandates reversal of the trial court's order.

Johnson and Hayden...

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