Guice v. McGehee

Appellant filed a petition against appellee in the circuit court of Franklin county under section 4186 of the Code of 1906 (section 8077, Hemingway's Code of 1927) to contest the election of appellee to the office of county superintendent of education of Franklin county. There was a trial before the court without a jury by consent of the parties, resulting in the judgment in favor of appellee. From that judgment appellant prosecutes this appeal.

The statute provides, among other things, that "the court shall, at the first term, cause an issue to be made up and tried by a jury, and the verdict…