Griffith v. Bonawitz

Ames, C.

This is an appeal from a decision by the district court of a contest of an ejection to the office of county assessor. The procedure adopted by the district court was analogous to that practiced on the trial of an ordinary adversary action, and there are returned with the hill of exceptions 244 ballots which the court formally excluded from evidence because of certain irregular, defective and unauthorized markings. The appellee, citing Mauck v. Brown, 59 Neb. 382, contends that the present proceeding is a technical appeal, in which the familiar rule obtains that this court will not…