Ratliff v. Wingfield

COMPTON, Justice.

The case involves an election contest.

The parties were opposing candidates-for the office of Mayor at an election held' in the village of Ruidoso, contestant on the Non-partison ticket and contestee on the Citizen’s ticket. From the returns as canvassed,' contestant received 182 votes for the office and contestee received 189 votes.

The primary question is the sufficiency of the notice of contest to state a cause of action. The notice, excepting the part admitted by answer, reads:

“(8.) That the contestant received the majority of the legal votes cast in said election and is…