Bacon v. Black

(After stating the foregoing facts.)

1. The petition in this ease contained two prayers, the one for injunction to restrain the consolidating superintendents of the election from recounting the ballots cast by the voters in said election, and the other for mandamus directing the consolidating superintendents to declare the result of the election. Upon the trial of the case before a jury a permanent injunction was granted, but the mandamus was refused. For the reason which will hereinafter appear, no ruling will be in order at this time as to the mandamus or as to the merit of the judgment…