Kulike v. Fern

DISSENTING OPINION OF

CIRCUIT JUDGE DE BOLT.

I respectfully dissent from the opinion and judgment of the court in dismissing the petition, particularly as regards the circumstances under which it was dismissed. I concur, however, in the opinion of Hr. Chief Justice Hartwell in overruling the demurrer.

*292With regard to the petition, it will be observed that the jurisdictional requirements prescribed by the statute, (Act 118, Oh. XI, Laws 1901), relative to election contests, are:

1. That the petition be filed by thirty duly qualified voters of any election district.

2. That it set foi’th a 'cause or…