Black v. Jones

In tlie Democratic primary election of August 8, 1944, appellant and appellee were rival candidates for the nomination for Circuit and County Clerk of Perry county. On August 11, 1944, the Perry County Democratic Central Committee canvassed and certified the returns of said election, showing appellee to have received 810 votes and appellant to have received 767 votes. Thus appellee had a prima facie, majority of 48 votes, and was certified as the nominee.

On August 18, 1944, appellant filed contest in the circuit court. His complaint was supported by the affidavit of the requisite number of…