McFADDIN, Justice.
The question to be decided is whether appellant's complaint stated a cause of action. In the Democratic Primary Election on August 12, 1958 appellant and appellee were rival candidates—and the only candidates—for the nomination of Mayor of Dermott. On the face of the returns, the vote was 509 for appellee, McKeown, and 497 for appellant, McClendon. On August 28, 1958 McClendon filed his petition
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