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275 Ky. 410

121 S.W.2d 33

Howard v. Wall

Court of Appeals of Kentucky (pre-1976) · decided 1938-06-24

Cited by 1 later decisions — most recently June 1938

1 state decisions

Relies on Middleton v. Poer · Cawood v. Ball

Good law ✅— No negative treatment on recordhow we know

Decided 1938-06-24

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¶1 Opinion of the Court by

Morris, Commissioner

¶2 Affirming.

¶3 Tbe above-stylecl ease is a companion case to Middleton v. Poer, 275 Ky. 401, 121 S. W. (2d) 28, tbis day decided. Parties to tbe appeal were candidates for tbe office of county attorney of Harlan County. Appellee contested and appellant countered.

¶4 Tbe pleadings and proceedings were tbe same in tbis case as in Middleton v. Poer, supra (and Cawood v. Ball, 275 Ky. 409, 121 S. W. (2d) 32), and submitted on tbe one bill of evidence. Tbe court rendered identical opinions and entered similar judgments in each ease, declaring tbe Harlan election of November 2, 1937, void. On tbe authority of Middleton v. Poer, supra, tbe judgment of tbe lower court is affirmed on both, original and cross-appeal.

Tbe whole court sitting, except Judge Clay.
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