Court of Appeals of Kentucky (pre-1976), 1938

Finley Day v. Ben Middleton

Finley Day v. Ben Middleton
Court of Appeals of Kentucky (pre-1976) · Decided October 21, 1938 · Creal
120 S.W.2d 778; 275 Ky. 113; 1938 Ky. LEXIS 374 (South Western Reporter, Second Series)

Counsel

E. H. JOHNSON, J. C. BAKER and GOLDEN & LAY for appellants., FORESTER & CARTER, C. B. SPICER, S. H. BROWN and J. R. CARPENTER for appellee.

Finley Day v. Ben Middleton

Opinion of the Court

Opinion of the Court by

Creal, Commissioner

Affirming.

*114 This case involves conflicting claims between appellant, Finley Day, and appellee, Ben Middleton, concerning the right to have their names printed upon the official ballot at the November election 1938 to be held in Harlan county as the nominees of the Republican Party for the office of jailer. Except that a different office is involved the questions of law and of fact are exactly the same as in the case of Leslie Ball v. Herbert C. Cawood, 275 Ky. 108, 120 S. W. (2d) 776, this day decided and on the authority of that opinion the judgment must be and is affirmed.

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