Brandenberg v. Hurst

Opinion op the Court by

Stanley, Commissioner —

Affirming.

As is disclosed in Brandenberg v. Hurst, 289 Ky. 155, 158 S. W. (2d) 420, on tbe face of tbe returns Robert Brandenberg was elected sheriff of Lee County by 5 votes at tbe November 1941 election. Z. T. Hurst, bis opponent, filed a proceeding for a recount and a contest. Section 1596a-12, 'Statutes. On the recount branch of the case, we reversed the judgment and held that Brandenberg was shown to have had a majority of 2 votes. The trial of the contest proceeded with the result that the same special judge found that by eliminating illegal…