Spence v. Whittaker

The appellant and appellee were opposing candidates for the Democratic nomination for State Senator in the First Senatorial District, composed of Clay, G-reene and Craighead Counties, at the primary election on August 14, 1928. There were no other candidates for the nomination. The appellant received a majority of the votes cast, land was declared to be and duly certified as the nominee for senator from said district.

After the primary election the appellee filed suit, alleging that appellant had failed to file the pledge required by § 4 of act 308, Acts of 1913 (C. & M. Digest, § 3898),…