Lumm v. Simpson

Appellant brought this action to contest the election of appellee to the office of township trustee at the election held in November, 1930. The contest was tried by the board of commissioners, who rendered judgment in favor of appellee. An appeal was taken to the circuit court. There was a special finding or facts, and judgment for appellee.

The decision of the case rested not upon the merits, but upon the facts brought in issue by appellee’s third paragraph of answer, a demurrer to which was overruled. This paragraph of answer alleged that there was no candidate for the office of township…