Smith v. Jones

Opinion of the Court by

Commissioner Hobson

Affirming.

W. T. Smith, and Wolford Jones were opposing candidates for the Republican nomination for circuit clerk of Whitley county at the primary last August. On the face of the returns, Jones received a majority of 11 votes. Smith contested. Jones filed a counter contest. On a recount of the ballots by the circuit court, Smith received a majority of 60 votes over Jones; but the court found that 61 votes for Jones were cast openly on the table, and that 123 votes were cast openly on the table for Smith. These votes the court deducted, leaving Jones a…