Kingery v. Berry

This was a proceeding by petition under the statute, brought by Joshua Berry, in the county court of Cumberland county, to contest the alleged election of Daniel Kingery to the office of commissioner of highways in the town of Woodbury, in said county, at the annual April election, A. D. 1879.

The canvass of the votes, as made by the judges and clerks of election, upon the closing of the polls gave Kingery 70 and Berry 68 votes, electing Kingery by two majority.

The county court, upon the hearing, found that the petitioner, Berry, received at the election 71 votes, and the defendant, Kingery,…