
    CATHCART vs. STARKE (County Clerk),
    No. 13177½.
   To compel re-payment of moneys deposited for a re-count of votes.

Order to show cause denied November 30, 1892.

Held, that under the statute (3 How., 23-1 a) it is necessary in order to entitle the depositor to return of the deposit, that fraud or mistake be proven, and-the depositor receive a certificate of election.  