Fullerton v. Smizer

MORIARTY, C.

This is an appeal from the judgment of the trial court in an election contest. At the election held in November, 1926, the parties to this proceeding' were candidates for the office of county auditor of Bennett county. After a canvass of the votes, the canvassing board issued a certificate of election to Smizer.

Fullerton instituted a contest proceeding, alleging numerous errors and irregularities in the conduct of the election and the can'vass of the votes. Tire trial court received evidence as to alleged irregularities in the conduct of the election, and thereafter made a recount…