Rogers v. Smith

On the 3rd day of April, 1937, an election for one school trustee was held in Eden school district No. 52, Nacogdoches County. In the election 51 votes were cast for appellant, Will Rogers, and 52 votes for appellee, W. D. Smith. By its canvass of the votes made on the 12th day of April, 1937, the commissioners’ court of Nacogdoches county declared that appellant received a majority of' the votes cast, and declared him the duly elected trustee.

This suit was filed, as a contest of the election, by W. D. Smith, and others, against appellant, praying that W. D. Smith be declared the duly elected…