Davis v. Watts

This case, an election contest involving the office of Clerk of Courts of Perry county, was heard and determined by the Common Pleas Court of Perry county, and was submitted to this court on an error proceeding. After submission a motion was filed by the defendant in error, Ned Watts, attacking the jurisdiction of this court.

It has been argued here that the reason prescribed in the motion, to wit, that more than twenty days have elapsed and the court can not now hear this case, raises solely - a proposition of procedure and does not go to the subject-matter, and therefore can not be…