Donohue v. Swindler

Opinion op the Court by

Judge Tileord

Affirming.

Appellant attacked the validity of the local option election held in Shelby County on Saturday, April 29, 1944, and, from a judgment dismissing his petition, has appealed. The grounds of the attack were, (1) that the County Judge had no right or authority to direct that the election be held on Saturday, April 29th, “when the petition filed by the requisite number of voters had fixed the date of the election on Monday, April 17, 1944”; and that the order calling the election was also Void because April 29th “was earlier than sixty (60) days from…