WITHROW v. WILLIS


447 S.W.2d 627 (1969)

James WITHROW, Appellant, v. Lavern WILLIS and Henry Willis, County Court Clerk of McLean County, Kentucky, Appellees.

Court of Appeals of Kentucky.

Concurring Opinion October 24, 1969.


Attorney(s) appearing for the Case

Richard D. Gilliam, Jr., Hugh D. Moore, Gilliam & Moore, Owensboro, for appellant.

Clarence Bartlett, Bartlett, McCarroll & Nunley, Owensboro, for appellees.


CLAY, Commissioner.

Appellant is a defeated candidate for the Republican nomination for the office of county judge of McLean County. The primary election was held May 27, 1969. Subsequently he filed this suit (which is not an election contest) under the provisions of KRS 123.991(4) against appellees, the successful candidate and county clerk, to have the nomination declared void and to enjoin the clerk from placing the candidate's name on the ballot for the...

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