Cain v. McGregor

Hart, C. J.,

(after stating the facts). The complaint was filed on the 21st day of August, 1930, and the answer to1 it was filed on August 30, 1930. Thus it will be seen that the complaint and answer were filed within the time prescribed by § 3772 of the Digest.

On the 16th day of September, 1930, the contestee was allowed to file an amendment to his answer to the effect that the list of poll taxpayers duty authenticated by the affidavit of the collector in person, as required by § 3740 of the Digest, was not filed with the county clerk as required to the end that it should be recorded by the…