65 S.W.2d 91 | Ky. Ct. App. | 1933
Affirming
At the election held in school subdistrict No. 3, Letcher county, on the last Saturday in July, 1932, for the purpose of selecting three trustees, there were six candidates: Melvin Adams, who received 79 votes; Byrd Adams, who received 77 votes; Arch Adams, who received 76 votes; John C. Pratt, who received 70 votes; C.C. Morgan, who received 65 votes; and Johnnie Caudill, who received 64 votes. Certificates of election were issued to Melvin Adams and Byrd Adams and Arch Adams, all of whom took the oath of office and entered upon the discharge of their duties as school trustees.
This suit was brought by John C. Pratt against Melvin Adams and Byrd Adams, who received more votes than Pratt, to have himself adjudged elected on the ground that the defendants could neither read nor write, and being disqualified were usurpers of the offices to which they had been elected. General and special demurrers were sustained to the petition, and Pratt having declined to plead further, the petition was dismissed. He appeals.
The precise question here presented was before the court in the case of Morgan v. Adams,
Judgment affirmed. *382