Howard v. Bentley

Opinion op the Court by

Van Sant, Commissioner

—Affirming.

At the 1945 general election, appellee, under the emblem of the Republican Party, received 359, and appellant, a “write in” candidate, received 164, votes for the office of Justice of the Peace of Magisterial District No. 1 in Leslie County. Within 30 days after the day of election, as prescribed by KRS 122.070, appellant instituted this action to contest the election. Thirty days after service of the summons having expired without appellant having completed or commenced taking evidence, and not having asked or been granted additional…