Lueders v. Ehlinger

McClendon, c. j.

Appeal from a judgment awarding appel-lee a writ of mandamus requiring the Pay-ette county Democratic executive committee to open the ballot boxes in 21 designated voting precincts in Payette county, and count the ballots cast therein for the office of county judge at the primary election held July 26, 1930.

The facts follow: Appellant> Lueders and appellee Ehlinger were opposing candidates in the primary for county judge. Upon the face of the returns Lueders received a majority of 27 votes. Ehlinger filed with the executive committee a contest under R. S. art. 3148, wherein he…