Ex parte Scott

At an election held in Montgomery county in November, 1871, for sheriff, of that county, Paul Strobach received the largest number of votes cast, and obtained the certificate of election. He also gave bond, took the oath of office, and received a commission as such officer. Charles H. Scott contested the election with him in the probate court, and judgment was given in his favor, and against Strobach. Strobach appealed from this judgment to the circuit court, giving bond as required by the statute. Notwithstanding the appeal, Scott made application to the probate court to recover the books,…