Whitaker v. Stephens

Opinion of the Court by

Judge Richardson —

Affirming-

The appellant, E. L. Whitaker, and the appellee, Lillie Stephens, on May 2, 1931, were candidates for the office of school trustee in the common school subdistrict 77, Magoffin county. The officers who held the election made a return of the poll books, and certified the result of the election to the county board of education. The returns of the election showed a tie vote. The appellant instituted an action in the circuit court, wherein, among other grounds of contest, he alleged that Rose Perkins was permitted to vote at the election for the…