Smoak v. Rhodes

Circuit Judge E. H. Henderson,

Acting Associate Justice, delivered the opinion of the Court:

A primary election of the Democratic party was held in Colleton County on August 25, 1942, for the purpose, among other things, of choosing a nominee for the office of Judge of Probate. This officer also acts as Master. Of the three candidates for this nomination, S. N. Plaws was eliminated, and the petitioner, I. A. Smoak, and the respondent, Osborne H. Rhodes, were the contestants in the second primary which was held on September 8, 1942. In that primary, counting all of the ballots cast in the…