Herron v. Mcmurray

MORRIS, Commissioner. Two suits involving the validity of a local option election, consolidated below, are heard together on appeal by contestants below. One set of contestants were voters in Magisterial District No. 5, the others in No. 4, of Union County. The pleadings, proceedings, orders and judgments are identical. The appeal is from a judgment sustaining demurrers to seventeen of the eighteen paragraphs of each petition and, upon failure of contestants to plead further, dismissing the petitions. The election was petitioned for, called and held in Magisterial Districts Nos. 3, 4 and 5. No. 5 embraced the town of Sturgis, the one place in which liquor was sold legally. The combined districts gave a dry majority of 151 as per returns, though No. 3 returned a majority of 77 against prohibition.