Johnson v. Russell

The opinion of the court was delivered by

Hoch, J.:

This is an election contest case involving the office of county commissioner in Miami county. A motion by the contestee for judgment, on the pleadings was overruled and he appeals. *92Upon the official canvass of votes cast at the general election in November, 1944, Steve Russell was declared elected commissioner in the second district by a majority of eleven votes over Harold N. Johnson. Johnson filed a statement of intention to contest the election, under the provisions of section 25-1415, G. S. 1935. Persons were named to constitute a contest…