Stryker v. Welch

The opinion of the court was delivered by

Dawson, J.:

This appeal relates to a contest between two candidates for the office of county commissioner of Marshall county at the November election in 1928.

Pursuant to the statute the county clerk and the commissioners of Marshall county met in the county clerk’s office on the Friday next following the election and proceeded to open and canvass the election returns, and at the conclusion thereof, on November 9, 1928, the commissioners determined that the appellee, B. N. Welch, had received the highest number of votes and declared him elected.

Within…