The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1912-07-01

State Of North Dakota, in the u
preme court, April, 1912. term.
Christ Peterson, plaintiff and
respondent, VS.. board Of commission
ers, Billings county, ct al. defendants.
and ]. r. Waters, appellant.
/. Upon a vote for county division
SIX precincts made returns OF their
respective votes upon state and coun-
W off1cials, etc, upon the printed
blanks furnished for that purpose and
attached thereto by means OF metallic
fasteners the tally sheet used by them
IN counting the county division votes.
however, the tally sheet SO used con-
tanned enough writing and figures to
conform to the laws as a certificate of
the vote. Held, that Ii was the plain
intent or the precinct officers to make
a certificate OF the votes counted, and
the case is distinguishable from cases
where the tally sheet is merely re-
turned with the ballots and other pa
pers. n no attempt made towards
certifying the result.
=. Six precincts made no return to
the county board and those were not
counted. Upon this contest, however,
the trial court examined enough Of
the ballots of said precincts to show
that the result of the election could
NSS NC SldAAESQ IL GVGIy vote unCOUnL-
ed We're conceded to be against coun-
ty division. It was therefore useless
TO continue the count of the ballots.
., Upon the election. friends of
county division caused to be printed
distributed at the polls a large
number Of sticker ballots, being iden-
tical in reading with the official bal
lot excepting that the sticker ballot
was marked with the cross for divi-
sion instead Of leaving the marking
to be done by the voter. This unof1cial
ballot was to be attached by a gum
med portion to the official ballot.
Heeld, that such procedure Is a viola
ton of the purposes Of our election
laws and renders all such ballots void.
Held, further, that the contestant has
the burden of showing the number of
stickers so used, and that enough were
counted by the c~anvassing board to
change the result Of the election, In
n case at bar the evidence produced
does nc show enough of such void
ballots to change the result. Evidence
OF bystanders or election officials that
there were many Of such stickers'' is
too indefinite to be acted upon by the
court.
After deducting all ballots shown to
be Illegal and all ballots not produced
from those precincts not c~anvassed
there still remains a majority for the
creation of the new county Of Golden
Valley, and the trial court will so
find.
(Syl1abus by the court).
Appeal from the district court of
Billings county, Templeton, J..
reversed, and Golden Valley county
found to have been legally created.
r. M. Andrews Of Beach, N. D.. and
Bangs & Robbins of Grand Forks. N.
D., for appellant.
Y. F. Burnett of Dickinson, N. D..
and Engerud, Holt e Frame of Fargo,
for respondent.
Opinion of the court, Burke, j.
j. H. Mulroy, PLAINTIFF and respon.
dent, VS.. George J. jacobson, defen-
dant n appellant.
l. Defendant, a life insurance agent
and plaintiff, a farmer, had negotia-
lions regarding life insurance which
resulted in defendants securing an or.
binary life policy for $s5, 900 on plant
IFS life which plaintiff refused tc
accept, claiming that his application
had been for a paid-up policy in sucf
amount as certain notes, secured anC
unsecured, which he transferred Il
defendant, would pay for. The rec,
ord shows that two applications were
made but is in conflict as to whether
n of them was signed in blank bS
~ lii &c ~ AAAS AhGL uCLlOIlb
Defendant claims the policy wal to bt
for such a sum as the notes trans.
ferred would pay the first premium on
while the plaintiffs contention is thai
he was to receive such an amour OF
paid-up insurance as the notes WoulC
buy. On discovering their misunder.
standing defendant refused to return
plaintiff the notes. Held, under these
facts, and others state in the opinion
an action in trover would lie.
2. There having been a controversy
as to which of two applications fol
insurance was to be used, and whether
one Of them had been signed in blank
and If so whether it had been filled
out by the agent in accordance with
instructions; and the evidence beina
in conflict on these questions, the
plaintiff might properly show his YER
sion of the facts relating thereto I'd
enable the jury to determine whether
a contract existed at all, and whether
the defendant had ever been the owner
OF the notes in controversy.
3. The $S6, 900 ordinary life policy
was obtained and forwarded by mai
from Griggs county to plaintiff in
New Mexico. He Immediately refused
to accept such policy, and returned ii
in a letter with his reasons for doine
so. His refusal resulted in c%orrespon-
dence between the defendant insurance
agent and plaintiff. The letters writ.
ten by defendant were received in
evidence without objection and had o
tendency to show, among other things
that he was not insisting that plant.
if was under obligations to accept the
policy sent, and contained arguments
and reasons apparently advanced fol
the purpose Of ~pursuading plaintiff
that the policy obtained was a better