Menees v. Ewing

This is an election contest over the office of justice of the peace in the First district of Montgomery county. The suit was instituted in the county court and carried from thence to the circuit court of the county. Both courts held that the contestee, Ewing, was duly and' legally elected as shown by the return of the officers of *400election. An appeal was prosecuted to this court, and errors have been assigned, which present a number of questions, but the only matter of public interest is the question presented upon the two ballots cast for con-testee marked with a cheek mark instead of a cross…