Kirk v. Roach

J. SeaborN Holt, Associate Justice.

At an annual school election held March 17,1956, appellee, (contestee), received 126 votes for school director and appellant, (contestant), received 107 votes. On March 28,1956, appellant filed a contest alleging in his complaint that 24 votes, which he listed and described separately, cast for appellee were illegal and void and when purged appellant would have a majority of the legal votes cast and should be declared elected. Summons on the complaint was issued March 28, 1956, served April 2, 1956, and on April 9, 1956, appellee, Roach, filed a “motion to…