Andersen v. Smyth

Opinion by

Mr. Justice McWilliams.

On November 21, 1960, the plaintiffs in error, hereafter referred to as contestors, filed in the County Court for Sedgwick County a written statement of their intention to contest the election of the defendant in error, hereafter called contestee, to the office of county commissioner for the third district of Sedgwick County. Thereafter contestee filed a motion to dismiss for failure to state a claim upon which relief could be granted. The trial court granted this motion and entered a judgment of dismissal, which judgment the contestors by writ of error seek…