Matney v. Elswick

Opinion op the Court by

Judge Clay —

Reversing.

In an election for subdistrict trustee in subdistrict No. 41, in Pike county, held on May 2, 1931, Tilden Elswick and G-oble Matney were rival candidates. According to the returns duly certified, Elswick received 47 votes and Matney 46 votes. Matney contested the election on the ground that 9 voters who had voted for Elswick were not legal residents of the district, and that one legal voter who offered to vote for Matney was not permitted to vote. Elswick filed an answer and counterclaim denying the allegations of the petition, and counter…