State Ex Rel. Sims v. Watson

The appellant was a candidate for township trustee. He brought this action in mandamus. His complaint presents the same questions and asks the same relief as the complaint in the case of the State of Indiana on the Relation of Fred Toon v. Laban Thompson, as Inspector et al. (1933), 204 Ind. 1560, 185 N. E. 117. The controversy arose out of the same election in the same county. The only practical difference is that the relator in this case was a candidate for a township office and not a county office. Error is predicated upon the sustaining of the demurrer to the complaint.

The appellees have…