Thomas v. Wagoner

In 1944, R. L. Thomas was elected councilman from ward 1 of the city of Claremore.

At the primary election held in Clare-more March 19, 1946, he was again a candidate for the Democratic nomination for said office and was opposed for said nomination by A. L. Wagoner, they being the only candidates for such office. In said primary, both of said candidates received the same number of votes, and the county election board then proceeded to select Wagoner as the winner, by lot.

In this action, which Thomas thereafter instituted in the district court against Wagoner and the county elec*663tion board and…