Varney v. County Court of Mingo County

Hatcher, Judge :

In the primary election on Aug. 3, 1926, Kiley Varney the petitioner, received a majority of 212 votes over his only opponent, S. J. Lovern, for the Democratic nomination for clerk of the county court of Mi-ngo county. The county court, sitting as canvassing board, declared'Varney not to be a legal nominee, and issued to Lovern a certificate of nomination. The county court, in answer to an alternative writ of mandamus, seeks' to justify its action on the ground that Varney filed no expense account within the time prescribed by Secs.-8-b, (6), and 8-b, (8), Ch. 5, Code.

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