State Ex Rel. Simon v. Heatherly

Meredith, President:

Petitioner, W. S. Simon, who was one of the Republican candidates for nomination for sheriff of Barbour County at' the Primary Election held May 27th last asks for a peremptory writ of mandamus to compel the county commissioners of that county, sitting as a Board of Canvassers, to reject certain ballots which the board upon a recount insists should be counted for his opponent, Sherman Lindsey.

It appears from the alternative writ and return that upon a recount of the Republican Primary ballots, had at the instance of the petitioner, of the votes cast at precinct No.…