Middleton v. Poer

Opinion of the Court by

Morris, Commissioner

Affirming.

Appellant and appellee were, respectively, nominees of the Republican and Democratic parties at the November 1937 regular election, for jailer of Harlan county. Appellant won by a substantial majority, and was awarded certificate of election. Appellee in proper time began contest. Appellant counterclaimed. The court after 60 days’ hearing of 600 witnesses, concluded from the proof that no legal election had been held, and adjudged the contested office vacant. Defendant below appeals and plaintiff cross-appeals.

Appellee asked for a recount…