Swain v. Thompson

Benham, Justice.

In a runoff election held December 6, 2005, Thompson was elected mayor of the City of Fitzgerald. The results were certified on December 8, 2005. Acting pro se, Swain filed a petition to contest the election on December 12, 2005. The trial court set a hearing on the petition for February 9, 2006. A return of service showing personal service on Thompson was entered on January 11, 2006, with the words “and summons” crossed out on the return. Thompson filed his answer on January 17, 2006, asserting among other defenses insufficiency of process and insufficiency of service. On…