Montgomery v. Oldham

The appellant and one Samuel H. *35Helvie were opposing candidates for the office of township trustee of Jennings township in Fayette county in this State, at the November election in 1894. The election board counted for appellant ninety-nine votes, and for said Helvie ninety-eight votes, and issued a certificate of election to the appellant.

Within the time allowed for contest, the appellee, who was a voter in said township, began proceedings to contest the election of said appellant, before the board of’ commissioners of Fayette county.

On the trial of the contest, the board of commissioners…