Huie v. Jones

MONTGOMERY, Judge.

Jewell Jones sued Luther Gardner and R. B. Huie, county clerk, to keep Gardner’s name off the ballot in the November 6, 1962 election for member of the Graves County Board of Education, Division 5. Gardner’s motion to dismiss the complaint for failure to state a claim was overruled. Upon a refusal to plead further, judgment was entered enjoining the clerk from placing Gardner’s name on the ballot and enjoining Gardner from asserting himself as a candidate. Huie and Gardner appeal.

KRS 160.220 provides that the nominating petition for a member of a board of education shall be…