Howard v. Wall

121 S.W.2d 33, 275 Ky. 410, 1938 Ky. LEXIS 403

• Court: Court of Appeals of Kentucky (pre-1976)
• Decided: June 24, 1938
• Status: Published

Opinion

Opinion of the Court by

Morris, Commissioner

Affirming.

Tbe above-stylecl ease is a companion case to Middleton v. Poer, 275 Ky. 401, 121 S. W. (2d) 28, tbis day decided. Parties to tbe appeal were candidates for tbe office of county attorney of Harlan County. Appellee contested and appellant countered.

Tbe pleadings and proceedings were tbe same in tbis case as in Middleton v. Poer, supra (and Cawood v. Ball, 275 Ky. 409, 121 S. W. (2d) 32), and submitted on tbe one bill of evidence. Tbe court rendered identical opinions and entered similar judgments in each ease, declaring tbe Harlan election of November 2, 1937, void. On tbe authority of Middleton v. Poer, supra, tbe judgment of tbe lower court is affirmed on both, original and cross-appeal.

Tbe whole court sitting, except Judge Clay.