Bingham v. Smith

Opinion of the Court by

Judge Clay

Reversing.

At the primary election held in Perry county on August 1, 1925, J. A. Smith, E. C. Duff, Jr., T. G-. Bingham and others were candidates for the Republican nomination for county judge. T. Gr. Bingham received 841 votes, E. C. Duff, Jr., 1,290 votes, J. A. Smith 1,742 votes, and each of the other candidates received a less number of votes than T. Gr. Bingham. On August 5, 1925, the board of election commissioners canvassed the returns and awarded the certificate of nomination to J. A. Smith.

On August 6, 1925, T. Gr. Bingham served notice and grounds of…