Knox v. Fesler

| Ind. | Dec 5, 1861

Per Curiam.

This is a case of contested election. It is not a civil case. The Lake Erie, &c. Co. v. Heath, 9 Ind. 558" court="Ind." date_filed="1857-12-11" href="https://app.midpage.ai/document/lake-erie-wabash--st-louis-railroad-v-heath-7033599?utm_source=webapp" opinion_id="7033599">9 Ind. 558, But costs follow the judgment, by the general statute, only in civil cases. 2 R. S. § 396, p. 126.

A contest of an election is a special proceeding-, and must be controlled by the statutory provisions and regulating it, as to the costs therein. authorizing

TE V. Burns, for the appellant. IE R. Harrison, for the ajopellee.

The judgment is affirmed, with costs.