Nunnelly v. Doty

Opinion of the Court by

Commissioner Hobson

Reversing.

Appellant and appellee were -opposing’ candidates for the Democratic nomination for justice of tlie peace in Bristow magisterial district of Warren county in the primary election held last August. Appellee received on the face of the returns 307 votes and appellant 309. Appellee filed notice of contest-. The circuit court awarded the certificate to Doty. Nunnelly appeals.

The grounds of contest rest upon illegal votes cast on both sides. One of the grounds -is that persons who-were not Democrats were allowed to vote. Section 1550, subsection…