Whitley v. Frazier

Glenn D. Whitley and others appeal from an order of the county court of White County dismissing their amended petition to contest the election of Gil Frazier to the office of road commissioner for the town of Hawthorne. The sole question is whether the original petition sufficiently stated a cause of action so as to support an amendment after expiration of the 30-day period for bringing a contest.

In the original petition, filed within 30 days, the grounds for the contest were all alleged on information and belief. A motion to dismiss was sustained and leave was given to amend. After…