Horton v. Botts

Opinion of the Court by

Judge Settle

Affirming.

By order of the Montgomery County Court an election was held in that county September 30, 1912, to take the sense of the voters as to whether spirituous, vinous or malt liquors should be sold therein. There were 2354 votes cast-; of these 1628 voted against and 726 for the sale of liquor; giving the “drys” a majority of 902 votes.

Within the time prescribed by law the appellee, relying on the alleged invalidity of the order of the county court directing and calling the election, instituted a contest which resulted in a finding by the Board of…