Palmer v. Claxton

Almand, Justice.

As to the manner in which the election for the office of clerk and treasurer was held, the answer of the respondent raised an issue of fact. The case having been submitted to the trial judge by agreement of the parties for a final determination upon all issues of fact as made by the pleadings, and he having found in favor of the relator, it is presumed that the court found as a matter of fact that, after the members of council had voted three to two in favor of the relator, and after the result of the election had been announced,' the mayor cast a vote for the respondent, and…