State Ex Rel. Thomas v. Simpson

Plaintiff in Error, as relator, brought this proceeding to coerce a recount of the ballots cast for County Commissioner in precincts five, seven, and twenty-eight of Alachua County in the 1938 June primary. The petition is predicated on fraud in that it charges that the inspectors of election in said precincts counted and tallied votes for B. M. Tench that were voted for and should have been tallied and* counted for Relator.

The respondents filed their return to the alternative writ in which they denied all the material allegations of the petition. Testimony was taken on the issue so made and…