Same. Statement of cause 1. The name of the party contesting such election, and that he is an elector of the district, county, or township, as the case may be, in which such election was held; 2. The name of the person whose right to the office is contested; 3. The office; 4. The particular grounds of such contest; -Which statement must be verified by the affidavit of the contesting party that the matters and things therein contained are true. 1116. When the reception of illegal votes is of contest. alleged as a cause of contest, it is sufficient to state generally, that in one or more specified townships illegal votes were given to the person whose election is contested, which, if taken from him, will reduce the number of his legal votes below the number of legal votes given to some other person for the same office; but no testimony can be received of any illegal votes, unless the party contesting such election deliver to the contestant opposite party, at least three days before such trial, a to respond- written list of the number of illegal votes, and by whom given, which he intends to prove on such trial; and no testimony can be received of any illegal votes except such as are specified in such list. When based on reception of illegal votes, to deliver ent a list of votes claimed to be illegal. Statement of cause Want of form not to vitiate. 1117. No statement of the grounds of contest will of contest. be rejected, nor the proceedings dismissed by any Court for want of form, if the grounds of contest are alleged with such certainty as will advise the defendant of the particular proceeding or cause for which such election is contested. County Judge to hold special term for trial of contest. 1118. Upon the statement being filed, the County Clerk must inform the Judge of the County Court, who must give notice and order a special term of Court to be held at the Court House of the proper county, on some day to be named by him, not less than ten nor more than twenty days from the date of such notice, to hear and determine such contested election. 1119. The Clerk must also, at the same time, issue a citation for the person whose right to the office is contested, to appear at the time and place specified in the notice, which citation must be delivered to the Sheriff and be served upon the party in person, or, if he cannot be found, by leaving a copy thereof at the house where he last resided. attendance enforced. 1120. The Clerk must issue subpoenas for witnesses Witnesses, at the request of either party, which must be served as of, how other subpoenas; and the County Court has full power to issue attachments to compel the attendance of witnesses who have been subpoenaed to attend. Court. 1121. The Court must meet at the time and place Power of designated, to determine such contested election, and shall have all the powers necessary to the determination thereof. It may adjourn from day to day until such trial is ended, and may also continue the trial, Adjourrbefore its commencement, for any time not exceeding Court. twenty days, for good cause shown by either party upon affidavit, at the costs of the party applying for such continuance. 1122. The Court must be governed, in the trial and determination of such contested election, by the rules of law and evidence governing the determination of questions of law and fact, so far as the same may be applicable; and may dismiss the proceedings if the statement of the cause or causes of the contest is sufficient, or for want of prosecution. After hearing the proofs and allegations of the parties, the Court must pronounce judgment in the premises, either confirming or annulling and setting aside such election. ment of Court may declare who was elected. Fees of officers and 1123. If in any such case it appears that another person than the one returned has the highest number of legal votes, the Court must declare such person elected. 1124. The Clerk, Sheriff, and witnesses shall rewitnesses. ceive, respectively, the same fees, from the party against whom judgment is given, as are allowed for similar services in the District Court. Costs. Appeal. When election void and office vacant. 1125. If the proceedings are dismissed for insufficiency, or want of prosecution, or the election is by the Court confirmed, judgment must be rendered against the party contesting such election, for costs, in favor of the party whose election was contested; but if the election is annulled and set aside, judgment for costs must be rendered against the party whose election was contested, in favor of the party contesting the same. Primarily, each party is liable for the costs created by himself, to the officers and witnesses entitled thereto, which may be collected in the same manner as similar costs are collected in the District Court. 1126. Either party, aggrieved by the judgment of the Court, may appeal therefrom to the Supreme Court, as in other cases of appeal thereto from the County Court. 1127. Whenever an election is annulled or set aside by the judgment of the County Court, and ten days have elapsed and no appeal has been taken, the commission, if any has issued, is void, and the office vacant. TITLE III. OF SUMMARY PROCEEDINGS. CHAPTER I. Confession of judgment without action. IV. Summary proceedings for obtaining pos- CHAPTER I. CONFESSION OF JUDGMENT WITHOUT ACTION. SECTION 1132. Judgment may be confessed for debt due or contingent liability. 1133. Statement in writing and form thereof. 1134. Filing statement and entering judgment. 1135. How, in Justices' Courts. may be for debt due or contingent 1132. (§ 374.) A judgment by confession may be Judgment entered without action, either for money due or to confessed become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the liability. manner prescribed by this Chapter. Such judgment may be entered in any Court having jurisdiction for like amounts. 1133. (§ 375.) A statement in writing must be made, signed by the defendant, and verified by his oath, to the following effect: 1. It must authorize the entry of judgment for a specified sum; 2. If it be for money due, or to become due, it must state concisely the facts out of which it arose, and show that the sum confessed therefor is justly due, or to become due; Statement and form in writing thereof. Filing statement and entering judgment. How, in 3. If it be for the purpose of securing the plaintiff against a contingent liability, it must state concisely the facts constituting the liability, and show that the sum confessed therefor does not exceed the same. 1134. (§ 376.) The statement must be filed with the Clerk of the Court in which the judgment is to be entered, who must indorse upon it, and enter in the judgment book, a judgment of such Court for the amount confessed, with ten dollars costs. The statement and affidavit, with the judgment indorsed, thereupon becomes the judgment roll. 1135. In a Justice's Court, where the Court has authority to enter the judgment, the statement may be filed with the Justice, who must thereupon enter in his docket a judgment of his Court for the amount confessed, with three dollars costs. If a transcript of such judgment be filed with the County Clerk, a copy of the statement must be filed with it. Contro versy, how without action. CHAPTER II. SUBMITTING A CONTROVERSY WITHOUT ACTION. SECTION 1138. Controversy, how submitted without action. to notice of trial. 1140. Judgment may be enforced or appealed from as in an action. 1138. (§ 377.) Parties to a question in difference, submitted which might be the subject of a civil action, may, without action, agree upon a case containing the facts upon which the controversy depends, and present a submission of the same to any Court which would have jurisdiction if an action had been brought; but it must appear, by affidavit, that the controversy is real and the proceedings in good faith, to determine |