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47 S.D. 379

Dunn v. Gamble

South Dakota Supreme Court

Decided June 26, 1924

South Dakota Supreme Court · decided 1924-06-26

Good law ✅— No negative treatment on recordhow we know

Decided 1924-06-26

How this case has been cited

Cited by 7 later decisions — most recently November 2003

1 federal appellate · 6 state decisions

20192419301940195019601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

P'OLLEY, J.

¶1The opinion in this case was filed on the 28th day of April. Both sides have filed a petition for a rehearing, respondent because he thinks our conclusion is wrong, and appellant because he does not know what is the intended result of the opinion.

¶2In reply to respondent’s petition we have only to say that we are satisfied with the conclusion reached.

¶3Replying to appellant: Where we said in the closing paragraph of the opinion, “Defendant has two more votes than plaintiff and should be declared elected,” we meant that on the filing of the remittitur the circuit court should enter a final decree in favor of defendant, and to take whatever steps that might be "necessary to oust plaintiff from the office in question and to put defendant in.

¶4Petitions for rehearing are denied.

¶5Note. — Reported in 199 N. W. 457.

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