Humphries v. Peacock

At the general election of 1926, appellant Humphries was a candidate for sheriff of Delaware county, the opposing candidate being Harry McAuley. On the face of election returns,. McAuley received a plurality of the votes cast, and it was so certified by the election officials. Appellant, desiring a recount, filed with the circuit court his petition asking that a commission of three be appointed for that purpose. With the petition, appellant filed his undertaking that he would prosecute the cause to effect, and pay all costs incurred in making the recount. The undertaking was signed by…