Wooton v. Smith

Opinion op the Court by

Judge Thomas

Reversing.

Because of the emergency situation, on October 3, 1941, the judgment appealed from was reversed by an order in which it was stated that an opinion would be later prepared and filed, and this opinion is in compliance therewith.

The parties were rival candidates in the August, 1941, Primary election for the Republican nomination for the office of county judge of Perry County, and, of course, each of their names was printed on the official Republican Primary ballot to be voted in that election. Upon a canvass of the returns the county election board…