Wheeler v. Marshall

Opinion op the Court by

Sims, Commissioner

—Affirming.

J. W. Wheeler, Joe Sorrell, F. P. Boyd and Mrs. W. Gr. Marshall were candidates for membership on the Montgomery County Board of Education at the November election in 1938. Mrs. Marshall received 1,153 votes; Boyd 1,135; Wheeler 1,106 and Sorrell 1,066. Wheeler filed a contest against Mrs. Marshall alleging in his petition a violation of the Corrupt Practice Act, Section 1565-1 et seq., Kentucky Statutes, and sought to have her disqualified but did not ask that he be declared elected. The regular judge disqualified himself and Hon. Robert R.…