184 Ind. 302 | Ind. | 1916
At the November election, 1914, appellant and appellee were opposing candidates for the office of township trustee of Jefferson Township, Putnam County, Indiana. The board of canvassers having declared the appellant duly elected this proceeding was commenced before the board of commissioners of the, county, to contest the election upon the alleged ground that appellee had received more votes for the office than had appellant. The cause was appealed to the Putnam Circuit Court where issues were formed upon which the cause was, tried by the court resulting in a judgment in favor of appellee. For the purpose of the trial both parties agreed upon a statement of facts and upon request the court made a special finding and pronounced its conclusions of law thereon. The errors assigned on appeal challenge the correctness of these conclusions of law and raise but one question, namely, whether four ballots should be counted which were legal and regular in every way except that there were endorsed thereon the initials of only one of the poll clerks. Counting the four ballots in question would result in the election of appellee
Note. — Reported in 111 N. E. 185. As to irregularities that will avoid an election, see 90 Am. St. 49. As to the effect on ballots east at an election of official irregularity therein, see Aim. Cas. 1912 A 171; Ann. Cas. 1915 A 1008. See also, under (1) 15 Cyc 372; (2) 15 Cyc 362; (3) 15 Cyc 345, 362; (4) 15 Cyc 350, 351.