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DAVIS v. BRITT

394 S.W.2d 738 (1965)

George DAVIS, Appellant, v. H. D. BRITT, Sheriff, et al., Appellees.

Court of Appeals of Kentucky.

October 8, 1965.

Attorney(s) appearing for the Case

Leland H. Logan, Bowling Green, for appellant.

G. D. Milliken, Jr., Bowling Green, Douglas Keen, Scottsville, for appellees.

DAVIS, Commissioner.

This election contest involves the Republican nomination for constable in Magisterial District No. 3 of Allen County at the primary held May 25, 1965. KRS 122.020. On the face of the returns appellant received 125 votes in the two precincts which compose the district. Appellee John Frost received 165 votes, and a third candidate polled 59 votes. The trial court dismissed the contest because the complaint failed to assert a claim upon which relief...

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