Branstetter v. Heater

Opinion of the 'Court by

Chief Justice Ratliff—

Affirming.

On December 5, 1936, a local option election was held in Livingston county, Ky., as provided in section 2554e-2, Kentucky Statutes. The election resulted in 1250 votes in favor of local option and 515 votes against it.

Appellant, plaintiff below, instituted this action in the Livingston circuit court against appellees who compose the Board of Election Commissioners of Livingston County, contesting the said election. The petition sets out four grounds of contest but they were all abandoned except one; namely, that the number of voters…