GIVAN, J.
This is an appeal from a judgment in an election contest wherein the appellee filed his complaint to contest the election and a petition for recount. The questioned election was a city election held on the 7th day of November, 1967, in New Albany, Floyd County, Indiana. The appellee, one C. William Lohmeyer, and the appellant, one Basil H. Lorch, Jr., both of New Albany, Indiana, were the only candidates for the office of city judge in said election.
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