Duvall v. Gatewood

VANCE, Commissioner.

These are appeals from a judgment of the Franklin Circuit Court which disposed of two civil actions which had been consolidated for the purpose of hearing. The controversy arose out of the Primary Election to select the Democratic nominee for Magistrate in the Third Magisterial District in Franklin County.

The appellee, Edwin Gatewood, received the highest number of votes as recorded by the voting machines. It appears however that the voting machines in seven precincts were improperly adjusted so that a voter might cast a ballot for more than one can*417didate in the race. As a…