Smoda v. Gallagher

Frank Smoda, appellant, and Dan Gallagher, appellee, were opposing candidates for the office of commissioner of highways of the town of Earl, La Salle County, at the regular election for that office held on April 3, 1951. On April 4, 1951, the canvassing board of the town announced the results of their canvass and certified that each candidate had received 325 votes and that the vote in the election, therefore, was a tie. On April 7, 1951, lots were cast under the direction of the town clerk, pursuant to the statute, and appellee, Gallagher, was declared the winner and the duly elected…