Whitt v. Howard

Opinion of the Court by

Chief Justice Clarke

Affirming.

Appellant and appellee, with others, were candidates for the Republican nomination for sheriff of Carter county, at the recent primary election. Upon the face of the returns, as canvassed by the board of election commissioners, appellee received a plurality of 45 votes, which fact was ascertained and certified to the county clerk on August 5th, and on August 8th a certificate of : nomination was issued to appellee.

Desiring to contest the election, appellant caused notice thereof to be served upon appellee on August 11th. The lower court…