Black v. Smith

Appellant Freers and appellee Smith were rival candidates for the office of township trustee. Appellee received the highest number of votes on the official returns, and was certified as elected to the office. Appellant Black, as a voter of the township, brought this action to contest the election of appellee Smith, and made appellant Freers a party defendant, and alleged in his complaint that Freers had received a majority of all the legal votes cast and had been elected. Appellant Freers filed his petition to be made a party plaintiff, which was granted over the objection of appellee.…