Kelley v. Barlow

Opinion op the Court by

Chiep Justice Rees

— Affirming in part and reversing in part.

Victor L. Kelley and J. Smith. Barlow, Jr., were opposing candidates for the Democratic nomination for the office of county attorney of Nelson county at the primary election held on August 2, 1941. The election commissioners certified that Kelley received 2,122 votes and Barlow 2,172 votes, giving Barlow a majority of 50 votes. On August 16, 1941, Kelley brought an action in the Nelson circuit court seeking a recount of all the votes cast at the primary election for candidates for county attorney and contesting…