Gallagher v. Linwood

OPINION OF THE COURT.

BOTTS, J.

The appellant contested the election of the appellee for the office of sheriff of Colfax county. The court, on motion of appellee, struck appellant’s reply, and then sustained appellee’s motion for judgment on the pleadings. The motion to strike the reply was based on two grounds: First, that service of the reply had not been made as required by law; and, second, that the reply was not filed within the time required by law.

Service of the reply was not made by the sheriff or by some one specially appointed by the court to make service, but by a private individual,…