Lay v. Rose

Opinion op the Court by

Judge Carroll

— Affirming.

•At the August, 1917, primary election W. R. Lay, R. S. Rose and J. C. Bird were candidates for nomination for the office of circuit judge in the 34th judicial district, composed of the counties of Whitley, Knox and McCreary, and Lay, who was defeated on the face of the election returns,. contested the nomination of Rose, who, as between himself and Lay, received a majority of the votes.

It may here be stated as a conceded fact that at this election R. S. Rose received a plurality of the votes cast as shown by the returns of the election officers…