Davis v. Preston

Opinion of the Court by

Judge Clay

— Affirming.

In the Republican primary held on August 3, 1929, William (Bug) Preston and John Davis were candidates for the office of sheriff. Preston received a majority of the votes and was awarded the certificate of nomination. Thereupon Davis contested his nomination. Preston challenged the jurisdiction of the court, and moved to quash the return on the notice on the ground that it was insufficient. His contention was sustained by the special judge, and the contest was dismissed. Davis appeals.

The returns were canvassed, the vote was tabulated, and the…