Jenkins v. Hughes

A determining question presented in this case is whether, in view of the provisions of Sections 4785-168 and 4785-169, General Code, requiring the court in an election contest to fix a time for hearing the contest not more than 30 days after the filing of the petition, contesters who file dilatory pleas to the answer of the contestees, acquiesce in the continuance of the proceeding and fail to request the court to fix a date for such hearing within the time required by statute are entitled to a reversal of a judgment sustaining a motion to dismiss the contest for lack of prosecution rendered…