SIMMONS, Chief Justice.
This is an election contest. Earl Yeoman, contestant, is hereinafter referred to as plaintiff. Norval Houston, contestee, is hereinafter referred to as defendant.
The action involves the election for the office of sheriff of Morrill County, Nebraska, held on November 4, 1958. The sole question decided by the trial court and submitted here arises from this fact which is set out in a pretrial order: There were 106 ballots with the name...
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