Davis v. Teague

The appellant’s first con-

tention is that the statement of contest filed by the appellee is fatally defective, because it does not “state facts” showing that contestant is a qualified elector; the petition merely averring, in the language of the statute, that he was such elector. Code 1923, § 550. We are of opinion that this contention is without merit. The statute confers the right of contest on “any elector” choosing to contest, and, while an averment that the contestant is such elector is a jurisdictional fact, essential to the invocation of jurisdiction to hear the contest, Pearson v.…