Brown v. Rose

Opinion op the Court by

Judge Logan

Reversing.

A vacancy existed in the membership of the county board of education of Whitley county growing out of the adjudication that the election held in educational division No. 1 in 1927 was void. John Brown, the appellant, was appointed to fill the vacancy under the provisions of section 4399a-lc, Ky. Stats. He was not a candidate for re-election at the November election, 1929, but the appellee, Lee Rose, was a candidate, and was elected.

No question was raised as to the legality of the election held to fill the vacancy at the regular election in 1929.…