Kimerer v. State ex rel. Black

Miller, J. —

William T. Brown and Lewis Green were candidates for election to the office of township trustee at an election held in April, 1890, in Washington township of Porter county, and each received an equal number of votes.

This action was instituted to compel the election board to meet and determine by lot the person entitled to the office.

We adhere to the doctrine enunciated in Johnston v. State, ex rel., 128 Ind. 16, and Wills v. State, ex rel., 128 Ind. 359, that section 4736, R. S. 1881, is constitutional, and that such election boards may be compelled, by mandate, to reassemble and…