SMITH v. KINCAID


235 S.W.2d 62 (1950)

SMITH v. KINCAID and four other cases.

Court of Appeals of Kentucky.

Rehearing Denied January 23, 1951.


Attorney(s) appearing for the Case

Jesse K. Lewis, Lexington, for appellants Smith, Taylor, Bowman, and Brandenburg.

E. B. Rose, Beattyville, for appellant Hogan.

E. B. Rose, Beattyville, for appellee Kincaid.

Shumate & Shumate, Irvine, for appellees Palmer and Hurst.

Shumate & Shumate, Irvine, E. B. Rose, Beattyville, for appellee Mays.

D. C. Howell, in pro. per.


VAN SANT, Commissioner.

On November 8, 1949, an election was held for county and magisterial district officers in Lee County. At the close of the polls the ballot boxes were delivered to the county court clerk who placed them in the room in the courthouse where they were counted. On the night of the election the first two precincts were tabulated. On the next day thirteen precincts were counted leaving the six remaining of the twenty-one precinct boxes to be opened...

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