Caldwell v. McElvain

delivered-the opinion of the court:

At the election held November 8, 1898, Andrew S. Caldwell, appellant, and Robert J. McElvain, appellee, were opposing candidates for the office of county judge of Jackson county. Upon the canvass of the election returns by the county clerk and two justices of the peace it was found and declared that appellant had received 3320 votes and appellee 3301. Appellant was declared elected to the office, and he was commissioned and assumed its duties. On November 29, 1898, appellee filed a statement in the circuit court of said county for the purpose of contesting…