ROBINSON v. OSBORNE


314 S.W.2d 681 (1958)

Hobart ROBINSON, Appellant, v. Burl OSBORNE et al., Appellees.

Court of Appeals of Kentucky.

As Modified on Denial of Rehearing August 5, 1958.


Attorney(s) appearing for the Case

Baird & Hays, Pikeville, for appellant.

Sanders & Redwine, J. Ervin Sanders, L. Clyde Farley, Pikeville, for appellees.


SIMS, Judge.

Hobart Robinson and Burl Osborne were rival candidates for the office of magistrate in the Second District of Pike County in the general election held on November 5, 1957. Robinson received 1,467 and Osborne 1,471 votes. On November 13, Robinson filed this action under KRS 122.100 for a recount.

After hearing some testimony relative to the integrity of the ballot boxes the judge, reserving a ruling...

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