Kirby v. Creech

Opinion op the Court by

Judge Dietzman

Correcting and affirming.

In tbe November election of 1929, tbe appellant, C. T. Kirby, the. appellee, W. C. Creeeb, and five others, not parties to tbis suit, W. F. Snttles, M. R. Wolfe, Dewey Hoskins, J. D. Yangban, and A. J. Lawson, were tbe candidates for tbe office of police judge of tbe town of Loyal, in Harlan county. A. J. Lawson’s name was upon tbe ballot, but be bad in fact withdrawn from tbe race before election day, as tbe electorate knew. No one of these candidates ran with any political party. Each one bad gotten on tbe ballot by petition, and…