Rose v. Turner

Opinion ,op the Court by

Judge Latimer

Overruling motion.

This canse is before me on the defendants’ motion to dissolve an order of injunction entered by the Breathitt Circuit Court.

At the regular November election, 1945, six members were to be elected to the council in the City of Jack son, a fourth class city. Of the twelve candidates running, five received distinct' majorities. The plaintiff, Green Rose, and Lester Turner tied for the sixth, each having received 286 votes. The Election Commissioners determined by lot that Clarence Hensley had been elected and issued to him a certificate of…