Bingham and Duff v. Smith

Opinion op the Court by

Drury, Commissioner

Reversing.

T. G. Bingham and E. C. Duff, Jr., have appealed from a judgment of the Perry circuit court awarding to appellee, J. A. Smith, the Republican nomination for county judge.

This case has been heard before, see 210 Ky. 256, 275 S. W. —. On the first appeal a demurrer had been sustained to Bingham’s notice of contest, and this court reversed the judgment, and said the notice was good on demurrer, and that the proper way to attack it for indefi'niteness was by a motion to make it more specific.

Upon the return of the case Smith made such a motion,…