Boone v. Humphrey

STEWART, Judge.

Appellant, Charles I. Boone, and appellee, Paul L. Humphrey, were candidates in the Democratic Primary held on May 23, 1961, for the office of Judge of the Shively Police Court. On the face of the returns appellee won over appellant by one vote.

Appellant instituted a contest of the election. This proceeding raised the issue of which candidate received the votes in C-4 precinct of 100 persons who cast their ballots after the legal closing time, but who. were then in line at this precinct or were inside the voting place.

The trial court dismissed the complaint: on the ground that…