State ex rel. Green v. Holzmueller

Layton, C. J.,

delivering the opinion of the Court:

It is admitted by the rejoinder that, at the annual election held in the City of Milford in January 1938, for the purpose of electing a member of Council, forty persons voted in favor of the respondent by means of proxies given by them to him, and that two other persons voted for the respondent under proxies given to others; nor is it denied that, subtracting from the aggregate of votes cast for the respondent the forty-two votes thus cast, the respondent’s opponent had a clear majority of the votes cast.

The demurrer to the rejoinder raises…