Section 17-15-23

Contest of senator or representative in Legislature — Filing.

If the contest is of the election of a senator or representative in the Legislature, the elector contesting must file in the office of the clerk of the circuit court of any county of the senatorial district, if such contest is of the election of a senator, or in the office of the clerk of the circuit court of the county in which the election was held, if the contest is of the election of a representative in the Legislature, a statement in writing of the grounds of contest, as provided in this article, and must give good and sufficient security for the costs of such contest, to be taken and approved by the clerk. Of the statement in writing the person whose election is contested must have 10 days' notice before the taking of testimony by the service on him of a certified copy of such statement by the sheriff or a constable of the county, and such sheriff or constable must indorse on the original the fact of such service and such indorsement is presumptive evidence of the fact.

(Code 1896, §1689; Code 1907, §463; Code 1923, §553; Code 1940, T. 17, §239.)