Kincaid v. Hurst

Opinion of the Court by

Judge Tilford

— Affirming.

The sole question presented for decision by this appeal is whether an adverse judgment in a proceeding for a re-count of the ballots cast in the August 2, 1941, Primary barred a subsequent contest by appellee in which he was adjudged entitled to the Republican nomination for the office of sheriff of Lee County. Both proceedings were instituted under the provisions of Section 1550-28, Kentucky Statutes, the former on August 6th, and the latter on August 16, 1941. The recount resulted in reducing appellant’s apparent majority from four to three…