Legal Opinion

Bishop v. Smith

Court of Appeals of Kentucky

Decided October 17, 1961PublishedCited by 1 opinion

1Opinion of the Court

CLAY, Commissioner.

This is a primary election contest. Ap-pellee .Smith was certified the winner of the Republican nomination for County Attorney of Clay County by a margin of 17 votes. The special trial judge, upheld Smith’s nomination.

There were charges and countercharges that a number of votes cast, including many in the Sexton’s Creek precinct, were illegal. In the votes counted for the Sexton’s Creek precinct, Smith had a majority of 29 votes. Even though Bishop picked up a few additional votes in other precincts, Smith still must be declared the winner unless the 29 vote majority in…

2Cases cited5 opinions

  1. Hogg v. CaudillCourt of Appeals of Kentucky (pre-1976) · 1934
  2. Stabile v. OsborneCourt of Appeals of Kentucky (pre-1976) · 1949
  3. Gregory v. StubblefieldCourt of Appeals of Kentucky (pre-1976) · 1958
  4. Napier v. NoplisCourt of Appeals of Kentucky (pre-1976) · 1958
  5. Boone v. HumphreyCourt of Appeals of Kentucky · 1961

3Cited by1 opinion

  1. Mettler v. MurphyNew Jersey Superior Court Appellate Division · 1968

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