Talkington v. Turner

Citations

• 71 Ill. 234

Syllabus

<p>1. Contested election—constables. Under the law of 1873, the county court is empowered to hear and determine contests of the elections of constables, and any elector of the township or precinct may make the contest.</p> <p>3. Such contests are placed upon the same footing as cases in chancery, and the contestant may placehis contest upon any ground he chooses, and the opposite party may interpose, by answer, any matters which show7 that the contestant is not equitably entitled to the relief he seeks.</p> <p>8. Where the election of a constable is contested on the ground of a mistake in counting the votes, it is not material whether the cause of the mistake is alleged as proved or not. The question to be determined is, was there a mistake in counting the votes, and'if so, to what extent. The cause of the mistake is unimportant.</p> <p>4. Election—where a party is voted for by his surname alone. Where one Joseph Talkington was a candidate for constable, it was held that ballots cast for “Talkington” for that office, should he counted for Joseph.</p>