King v. McMahan

Opinion op the Court by

Judge Miller —

Reversing.

At the general election held on November 6,1917, the appellant D. H. King, and the appellee C. B. McMahan were candidates for justice of the peace in magisterial district No. 1, in Trimble county. King’s name was not printed on the official ballot; the votes for him were cast by voters writing King’s name in the blank space left upon the ballot for that purpose.

McMahan was not nominated by any party at the August primary election, or by the governing authority of any party.

But a petition signed by 24 Democratic voters and one Republican voter of…