Garrett v. Cuninghame

, THOMAS, J.

The appeal is from judgment in the contest of the election of probate judge of Clarke county. The trial was before the circuit court without a jury, and resulted in a judgment in favor of contestee. The usual presumptions obtain in support of a judgment based upon material testimony given ore tenus in open court and on documentary evidence.

The parties to this suit were the only candidates for the Democratic nomination at the primary election held in said county in August, 1922, and Judge Cuninghame was declared, by the Democratic executive committee in that county, the nominee of…