Ward v. Crowell

Election Contest—County Surveyor—Qualification of Incumbent— Licensed Land Surveyor’s Certificate.—The election of a county-surveyor who was in all respects qualified at the time of his election, with the exception that he had not then received the licensed land-surveyor’s certificate from the state surveyor provided for in section 135 of the County Government Act, which he obtained before Ms term of office commenced, cannot be successfully contested by an elector on that ground. The provision reqmring such certificate does not go to Ms eligibility at the time of election, but only goes to Ms right to hold the office.

Id.—Construction of Code—Law of Procedure.—Section 1111 of the Code of Civil Procedure, authorizing any elector to contest thet right of a person declared elected to an office, “When the person whose right to the office is contested was not, at the time of his election, eligible to such office,” is only a part of the law of procedure, and is not substantive law on the question of eligibility.