Burnett v. Meyer

At the general election in November, 1924, the plaintiff in error was a candidate for the office of county commis sioner of Kiowa county, and defendant in error was a rival candidate for the same office. On the face of the returns, defendant in error was elected by a majority of five votes.

Plaintiff in error instituted an election contest. A summons was duly issued, and service thereof had, or attempted to be made, under that clause of section 40 of the Code of 1921 providing that a summons may be served by leaving a copy thereof at the usual place of abode of defendant with some member of…