Judd v. Polk

Opinion op the Court by

Judge Clay

Reversing.

Plaintiff, D. W. Judd, brought this action against John W. Polk, former county clerk of McCracken county, and his surety, to. recover $2,400 damages for his failure to place Judd’s name on the ballot to be used at the November election, 1933, as the Democratic candidate for county surveyor. Acccording to the petition and amended petition, Polk was the duly elected, qualified, and acting county clerk of McCracken county during the year 1933, and had executed bond with the Fidelity & Casualty Company of New York as surety, conditioned for the faithful…