Hyden v. Tarter, County Judge

Opinion of the Court by

Chief Justice Rees

Affirming.

This appeal is from a judgment dismissing the plaintiffs’ petition in an action to test the legality of the election held on November 7, 1944, in Beaver precinct in Pulaski county, at which the question proporinded to the voters was whether cattle should be prohibited from running at large in the precinct. A majority of the electors who took part in the election voted in favor of the prohibition.

KES 259.030 provides for the calling of an election in a precinct, justice’s district or county for the purpose of ascertaining the sense of the…