McMenomy v. Ruch

This is an election contest brought under the provisions of the Code of Civil Procedure. Judgment was given in favor of the contestant, and from that judgment the contestee appeals. It was stipulated upon the trial that if sixty of the ballots east at the election in favor of the contestee had been counted for him by the court that the judgment should have been in his favor. The objection to these ballots was, that each contained an identifying mark, consisting of a cross placed by the voter in the square at the right of the words “No nomination” on the face of the ballot.

One contention of…