Cox v. Howard

SIMS, Chief Justice.

In the primary election held August 1, 1953, J. R. Cox and .Vernon T. Howard *674were the only candidates for the Democratic nomination for the office of county tax commissioner of Woodford County. Cox won by 17 votes and on August 7 Howard filed a “petition for declaration of rights and recount of primary election ballots” naming Cox and the members of the county board of election commissioners defendants. After answers were filed and proof heard before the court, the judge concluded “petitioner’s request or prayer for declaratory relief is not well-taken and that same should…