Mutters v. Allen

Opinion op the Court by

Chief Justice Fulton—

Affirming.

This appeal is from a judgment dismissing the petition in a contest of a local option election held on Monday, June 7, 1943.

The petition alleged that the election commissioners certified the vote to be 422 to 258 in favor of local option, a majority of 164. It was alleged that a large 'number of the dry votes were illegal but it was later stipulated that forty of the dry votes and 27 of the wet votes were illegal so that when such votes were deducted there was a majority of 151 in favor of local option.

The only other ground of contest…