Rhyan v. Johnson

At the election on April 2, 1935, Omer Johnson, appellant, and Charles Rhyan, appellee, were candidates for commissioner of highways of. Shiloh township, Edgar county. Johnson had held the office the previous four years, and the canvass showed he was re-elected by a vote of 212 to 210. Rhyan filed a contest suit in the county court of Edgar county. The trial court found that each of the parties received the same number of legal votes and ordered that the result of the election be determined by the flip of a coin. Johnson lost, and has appealed.

The first point to be determined is the…