Tombaugh v. Grogg

Appellant and appellee'were candidates for the office of trustee of Perry township in Miami county, at the November election, 1894. There were counted to each 185 votes. Appellant commenced proper contest proceedings, which by appeal and change of venue reached the Fulton Circuit Court, where the case was tried, and, upon a general finding supporting the original count, fhe court gave judgment for the appellee. The question in this appeal is narrowed to two ballots, both of which were cast for appellant, but neither of them counted, upon the ground that they bore distinguishing marks. If…