Howard v. Cockrell

Opinion oe the Court by

Commissioner Hobson-—

Reversing.

Sylvester Howard and S. J. Cockrell were candidates for the Democratic nomination for jailer of Breathitt county at the August election, 1929. Howard filed notice of contest. The circuit court, on motion, dismissed the case on the ground that notice was not properly served. Howard appeals.

The facts shown by the evidence are these: Howard’s attorney finished preparing his notice of contest on August 7. The coroner of the county was out of the county. Cockrell was the sheriff of the county. So Howard went to see S. L. Combs, the jailer,…