Matthews v. Warfield

Appellant and appellee were opposing candidates for the office of county and probate judge of Chicot county in the recent democratic primary election, held August 27, 1940. T-he county central committee met and canvassed the returns of the election on August 30, which showed that 2,644 votes were polled for the two candidates, of which appellee received 1,323 and appellant 1,321 votes, or a majority of 2 votes for appel-lee. A certificate, of nomination was accordingly issued to appellee.

Thereafter, on September 9, 1940, at 6:45 p. m., appellant filed with the clerk of the circuit court his…