State Ex Rel. Clark v. Klingensmith

This is an original information in quo warranto brought by Clark to test the right of Klingensmith to hold the office of County Commissioner of Brevard County pursuant to the returns and declaration of result made in favor of Klingensmith at the 1934 General Election. This case is here in relator’s name under Section 5447 C. G. L., 3582 R. G. S., the Attorney General having refused to bring the action in his official capacity.

Relator in his pleading challenges 22 ballots which he divides into four groups . The first group consists of eight-absentee ballots which are alleged to have been…