Durham v. Rogers

STEPHENS, Associate Justice.

The appellees instituted this proceeding to contest an election held in Wheeler County to determine the question of the removal of the county seat from Mobeetie, a town more than five miles from geographical center of the county, to Wheeler, a town within five miles of such center. The ground of contest was the failure of the county judge to estimate the returns from “Center Box.” With the votes cast at this box excluded, Mobeetie had a majority of five votes and the result was so declared by the county judge, but if these votes had been counted Wheeler would have…