Combs v. Brewer

Opinion of the Court by

William Rogers Clay, Commissioner.

Reversing.

At an election for scbool trustee field in subdistrict No. 9, Education Division No. 5, in Perry county, K. C. Combs received twenty-five votes and Joseph. Brewer twenty-one votes. Combs was declared elected. Thereupon Brewer brought this suit contesting the election. On final hearing the trial court adjudged that both contestant and contestee received the same number of votes. Thereupon he declared the election a tie and directed the parties to draw lots for the office. On the draw Brewer won. Combs appeals.

Two grounds are…