CLARK v. MASON


596 S.W.2d 16 (1979)

Joe CLARK, Appellant, v. Ernest MASON, the Board of Elections of Rockcastle Co., Clyde Barnett, Victor Hysinger, Manuel Shepherd, and Money Ed Cummins, Appellees.

Court of Appeals of Kentucky.

May 25, 1979.


Attorney(s) appearing for the Case

Carl R. Clontz, Clontz & Cox, Mount Vernon, for appellant.

Charles R. Coy, Coy & Coy, Richmond, for appellee Ernest Mason.

Before MARTIN, Chief Judge, and HOWERTON and LESTER, JJ.


MARTIN, Chief Judge.

This is an appeal based in part on a procedural error by the trial court in an election contest action involving the office of Magistrate in the Fifth Magisterial District of Rockcastle County. We think the procedural issue raised by appellant will be dispositive of this appeal.

Mr. Mason filed his petition on November 17, 1977, requesting a recount and contesting the election pursuant to KRS 120.155. This statute sets out the procedure...

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