Davisworth v. Middleton

Opinion op the Court by

Stanley, Commissioner—

Affirming in part and reversing in part.

Theodore Middleton contests the nomination of Lonnie M. Davisworth as Republican candidate for county judge of Harlan County. The returns were 3,512 votes for the contestee and 2,990 for the contestant, a plurality of 522 for Davisworth. Three other candidates who received fewer votes are not parties to the contest. Davisworth counterclaimed, charging the contestant with having violated the Corrupt Practice Act. Kentucky Statutes, Section 1565b-l et seq. The Circuit Court, Honorable J. J. Tye presiding as…