People Ex Rel. Dick v. Mosco

THESE parties occupy the same relative position here as in the trial court. For convenience we refer to them as Dick and Mosco, respectively.

At the April 3, 1945 municipal election the parties were opposing candidates for mayor of Walsenburg, a city of the second class. The city canvassing board found (and it is admitted) that each received 626 votes and so reported to the retiring city council meeting to receive returns. At its suggestion and in its presence, the canvassing board cast lots to resolve the tie and Dick was successful. Whereupon the old council adjourned and the new organized.…