Eagle, Mayor, Etc. v. Cox

Opinion op the Court by

Morris, Comissioner

Affirming.

The question for determination is whether or not appellee was legally elected to the office of Mayor of Corbin, Ky., on November 3, 1936. The court below, in a proceeding begun and conducted under the declaratory judgment law (Civ. Code Prac. sec. 639a — 1 et seq.), adjudged. that appellee was so elected and enjoined appellarit from refusing to recognize him as the lawfully elected mayor.

Corbin, a city of the third class, during the period involved, was operating under the commission form of government. In November, 1935, appellant was…