Tackett v. Mayo

Opinion of the Court by

Judge Dietzman

Reversing.

Appellant and appellee were contenders for the Democratic nomination for county attorney of Floyd county in the primary of August, 1925. The appellee received the largest number of votes on the face of the returns and was awarded the certificate of nomination. Thereupon the appellant filed this contest proceeding contesting that nomination. The lower court sustained a motion to quash the return of the sheriff upon the notice and grounds of contest and also a special demurrer to the same because of lack of jurisdiction of the court, and then…