
    ADAM RIESENBERGER, CONTESTANT, v. JOHN J. PHELAN, INCUMBENT.
    Certified case. Question of the sufficiency of the petition to contest an election under the one hundred and sixty-third section of the act respecting elections. Rev. 1898.
    Before Depue, Chief Justice, and Justices Gummere, Ludi.ow and Fort.
    
      Eor the contestant, Frederick Fram'bach and Flavel McGee.
    
    Eor the incumbent, Robert 8. Hudspeth.
    
   Memorandum of decision for the court by

Eort, J.-

This case is similar in its facts to the case of Groth v. Schlemm, ante p. 431, and is controlled thereby, the facts being similar, with the exception of the majority for the incumbent, which does not alter the status.

The Circuit Court is advised to dismiss the petition on the ground that it does not state a case within the statute.  