This is a controversy for the office of coroner, under section 1419 of the Revised Statutes. The exception that the suit was not-brought within ten days after the election must prevail. For the reasons stated in the following case of Belden v. Sherburne, the judgment herein in favor of plaintiff must be annulled and the suit dismissed.
It is therefore ordered that the judgment herein be annulled, and it is decreed that this suit be dismissed at plaintiff’s costs in both courts.