McDonald v. Whallen

STEINFELD, Judge.

On July 12, 1966, a local option election was held in Swallowfield precinct No. 22 located in Franklin County. 57 persons voted for and 79 persons voted against the continued sale of alcoholic beverages in that precinct. Arch McDonald, the appellant herein, who resides in that precinct filed suit in the Franklin Circuit Court to contest that election. KRS 242.120. From a judgment holding that a regular and valid local option election had been held McDonald appeals.

McDonald claims that the order of the Franklin County Court directing that the *841election be held was entered at a…