Smith v. Ward, 280 Ky. 173 (Ky. 1939).
This appeal involves the outcome of the last primary election, insofar as was concerned the nomination of a Republican candidate for circuit judge in the thirty-third judicial district, composed of Perry and Leslie counties.
There were five candidates, appellant and appellee; C.W. Napier, J. Asher and C.A. Noble. Upon returns, appellant received the highest number of votes and S. M. Ward the next highest. Napier was third. In due time there were filed two contest proceedings, one by Napier making Smith, Ward and Asher defendants; Noble intervened.
In the other action Ward was plaintiff and Smith defendant, and while there was no order consolidating the cases, it seems that they were heard together, and the issues of fact determined in each case on proof introduced in both. We are not to be concerned on this appeal with argument over pleadings or procedure, though appellant complains of irregular procedure, but in brief expresses willingness to let his client's rights stand or fall on the merits of his contention. Appellee accepts the challenge.
Although Smith and Ward had received a greater number of votes than Napier, the latter sought to have the court award him certificate of nomination, on the ground that his opponents had violated the Corrupt Practice Act, and that he was guiltless. After a great deal of proof the court, on September 14, 1939, adjudged in the Napier case that the plaintiff did not violate any of the provisions of the Corrupt Practice Act, and that the testimony shows that the defendant Smith and J. A. Asher each violated the provisions of said act, but plaintiff has failed to show that defendant S. M. Ward violated such act, and for that reason plaintiff is not entitled to any relief herein, and plaintiff's petition was dismissed. No appeal has been prosecuted from this ruling.
