Petry v. Hatcher

Opinion op the Court by

Creal, Commissioner—

Affirming!

At the regular primary election held on August 3, 1935, there were five candidates for the Democratic nomination for Representative. According to the vote as counted, canvassed, and certified by the election commissioner of Floyd county, J. J. (Jimmy) Hatcher received 2,432, Mel Petry 2,422 votes, and all the other candidates a less number.

In due time, Petry instituted this action, contesting Hatcher’s nomination on various grounds, and asked for a recount of the vote, alleging that by fraud or mistake on the part of the election…