Daniel v. Bound

Tbis is an appeal from tbe order of tbe State Election Board dismissing the petition of plaintiff in error for a recount of tbe ballots cast for tbe office of State Representative at tbe general election of 1938 wherein tbe parties hereto were the candidates (section 5813, O. S. 1931, 26 Okla. Stat. Ann. sec. 392).

Defendant in error has filed his motion to dismiss tbe appeal. He asserts that the proceeding before the election board constituted an attempt to contest said election, and is a matter wholly within the jurisdiction of the ECouse of Representatives of the State Legislature (section…