Schafer v. Ort

Appellee, Ort, brought this action before the board of county commissioners of Allen County to contest the election, on November 4,1930, of appellant, Schafer, who by the board of election officials had been declared elected as trustee of Milan Township, by a vote of 198 to 196. Recount commissioners appointed by the Allen Circuit Court, after examining all the ballots, declared that no legal ballot had been cast for said office, but the board of county commissioners decided in favor of Schafer and adversely to Ort, who thereupon appealed to the Allen Circuit Court.

The cause was tried in the…