Aubrey v. Oak

Opinion of the Court by

Chief Justice Rees

Affirming.

On July 3, 1945, Ora Oak filed with, the clerk of the Carroll county court his notification and declaration for the Democratic nomination for the office of magistrate in the Second Magisterial District of Carroll county. No other candidate filed nomination papers within,the time required by law, and on July 7, 1945, the county clerk issued to Oak a certificate of nomination. On July 15th Arthur Aubrey, a citizen and resident of Carroll county and a legal voter in Magisterial District No. 2, brought an action against Ora Oak and C. S.…