Jaycox v. Varnum

This action was brought to contest the election of respondent to the office of clerk of the district court and ex-officio auditor and recorder of Jerome county. Both parties were candidates in the general election of November 7, 1922. Ten days thereafter the board of county commissioners canvassed the returns of said election and declared respondent elected to the office in question for the term commencing the second Monday in January, 1923.

Appellant alleged that there were certain illegal votes cast in Hazelton precinct which were sufficient in number to change the result of the election.…