Salyer v. Gross

Opinion of the Court by

Judge Dietzman

Affirming.

The appellant and appellee were the Democratic and Republican candidates, respectively, for the office of county judge of Perry county in the November, 1933, election. In the election, Dr. Gross received 5,405 votes, Dr. Salyer 4,104 votes, and a third independent candidate 595 votes. Dr. Gross was awarded the certificate of election, and Dr. Salyer thereafter instituted this contest proceeding. Dr. Salyer, makes no claim to the office. He concedes that he was not elected, but he does .claim that Dr. Gross’ election should be set aside and a…