Smith v. Rauh

This action was brought originally in the probate court to contest a local option election in Putnam county, which county, on the face of the returns, was declared to have voted “dry” on the 13th of October, 1908.

Soon after filing the petition 'to contest the election a motion was also filed by the eontestors asking the probate judgeffo certify the case over to the court of common pleas on the' ground that he was prejudiced against the side of the eontestors "as shown by his activity in the campaign preceding the election'. The motion being overruled by the probate court, an action in…