xt70zp3vt865_245 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/mets.xml https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46.dao.xml unknown 14 Cubic Feet 31 boxes archival material 63m46 English University of Kentucky Copyright has not been assigned to the University of Kentucky.  Contact the Special Collections Research Center for information regarding rights and use of this collection. Harkins Family papers Mineral rights -- Kentucky -- Floyd County -- History. Law reports, digests, etc. -- Kentucky. Mining leases -- Kentucky -- Floyd County -- History. Practice of law -- Kentucky. Bankers -- Kentucky. Banks and banking -- Kentucky -- Prestonsburg. Coal trade -- Kentucky -- Floyd County -- History. Lawyers -- Kentucky. Kendrick, Elson v. Sturgill, Troy B. et al text Kendrick, Elson v. Sturgill, Troy B. et al 2016 https://exploreuk.uky.edu/dips/xt70zp3vt865/data/63m46/Box_23/Folder_8/3699.pdf 1943 1943 1943 section false xt70zp3vt865_245 xt70zp3vt865 I .
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FLOYD CIRCUI: COURT
ELSON HEEDRICK COLTfisxAET I
'.' ' ..V .,mw .._ ,,_ - is «x , . .., L
«c, ~ _ _ is fismOflAmDUm.FOR CONTESThE fiILLARD mAY
w _ —-——-——-————-—-—-——n-—**--~**-~* ,
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TROY t. STURGLLL ET AL CDETESTEE E
E;
E
W
On the oral argument of this case, counsel for con—

testant undertook to dispose of the case of Ward vs. Howard, 1
197 SE 506, holding that the contestee could file a Special de— g
murrer and without uaiviem it, file answer, by the contention that g
the case of Ward vs. Howard, supra was based uyon an entire different fl
I
statute. The cootention can not be sustained because a contest ‘
case still is a special proceeding, as coutcstee is required to .
plead within ten days and cannot thereafter plead. The only met- :

erial difference between the statute in force at the time the case
of Ward vs. Howard, supra Was decided and the present statute is in '

the fact that now a contestant is only requirma to file a suit and
have summons issued, while by the old statute, he was required to ’

notice of the time o n -

give/ Under the present? 1%;1’E‘Li‘6e ,0 fifeesfifive figs Ififi-‘E‘dtime when the
contestee is req-ired to plead, under the‘old statute that time Was W
. fixed by the contestant. This being the only caterial difference ‘

‘\ in the two statutes, it is apparent that the case of Ward vs. How—

‘ “ ard cannot be disposed of in the manner atteifted by Opposing coun~

1\\ sel. l
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\ i
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 For example, unfler the old statute, the court had no
jusisdiction of the sobgoet matter of the action unless the metioe 5
use served within the time fixed by law, Ward vs. Howard, supra '
under the present statute; the court has no jurisdiction of the
subgeet matter unless suit is filed and process issued thereon with~
in the time fixed by law. Hudson vs. manning, 250 Ky 76%3 SW (2d)

943.

It is therefore submitted that there is no merit in the
contention that the contestee waved the right to contend that , '
the summons, which issued herein on August 22nd, 1943, is void. ;
This is not a case Where objection is made to the service of the !
summons because of some irregularity in the serv10o of the process, :
but is a case where the motion to quash and test the legality of :
the summons, es distinguishee from the validity of the service of i
that summons: the summons being void, the court acquired no juris— :
diction as no summons issued within fifteen days after the holding ;
of the Frimery election. 5

Heepectfully submitted, i
-2-

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ALEDE KhNDfiICK, PLAZNTEFfl
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TROY E. STURGILL, $3., ugytmufiflls

The contetteej Tray E. Sturgill, msves the court
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petition more definite and certain in the fallewing particulare,
by giving the times, places, persons Claimed to have been bribed
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, his knowledge, at refereed to in the petition herein.
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:E‘LO‘ID CHE-SUIT COURT:
«ME.__._.____*.__._E__.

ELSON KERR TERI .T K , C OEEPJS "PAN T,

VS: SEPxiiirm“;‘i‘i-.I PECIAL DEEDREEER “
DE“ CUPEQITEEL, TROY f3. STUl'iGILL
4‘!
TROY B. STUR§ILL, ET AL., COflTESTfiEfié, ;
1'
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The contestee, Troy 5. Sturgill, without waiv— ,
ing his motion to quash the summons herein and the return of .
the aherixr thereofi, but eSpecially and insisting upon said
motion, demurs specially to the pefiiL1on 0f the contestant, f
Elson Kendrick, ani for cause asgigns: 5
1. That the Court has no jurisdiction of ;
the subject matter of this action. 1
2. That tne Court has no jurisdiction of j
the person of the conteatee, Troy 8. 1
Sturgill. 7
nu’EbOIL , 6:20 7
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KENT-5.LETTE‘EYS £907: 0Y-é‘i?l;.131jéfl,
TROY a. STURGZLL.

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Game the c::_;=;yc;.:;.;tes3 ';roy L oturgill, and entering
i115 appearance .ooloiy for the purgose cit-111$ motion and not ‘
otnsi°'.:i;3e, and nave-4 We court to strike iron the .L....Lwo in 13:33.3
sees the oetitioh herein necaise “:....e was illoo. on dunes.
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3143;: 02:21:32er coum‘ ‘
' EIS 07-? KEEDRI "Ii, COB-ETES‘E‘ANT, ,
VS: ANSWER CCUBTER—GLAI? lHD ;
UOUflTifiwGfiaUNrfi OE CQETEST
TROY B. STURGILL, ET AL., CONTEETAES.
as 4&- as 41% ~::~
Tho contesteo, Troy 8. Sturgill, for his
soporato answer heroin, admits that the contostee, Troy B. .
Sturgill, was a candi ate for the office of Sheriff of Floyd
County, Hontucky, anfi that his name arpearod on the official ,
Primary ballot of the Democratic party a$ said Primary election
held on the 7th day of Auguot, 1943; that according to the
tabulation and returns made one certified by the Board of Elec—
tion Commissioners of bloyd Con ty, Kentucky, the contoateo,
Troy 8. Sturgill, received 2030'votos; Bill Hall received V
1696 Votes; Willard May received 1511 votes, and Elson Kendrick
received 235 votes.
This answering contooteo denies each and every
allegation of the plaintiff's petition and each paragraph thereof,
except which is above set out as bolus expressly admitted.
Contostee, Troy B. Sturgill, admits all of the
allegations set out in literary paragraphs, one, two and three of
the phatahtfifit's petition heroin.
Contestee, Troy B. Sturgill, danioa that contestant,
Elson Kendrick, received a plurality of all, or any of the legal '
-1_

 c ' 5'
votes cast at said primary election for the democratic nomi- I ,
nation for the cities of Sheriff of Floyd County, Kentucky, or 3
that he is entitled to a certificate of nomination to said V
office. tonics that the plurality of votes tabulated and certi~ }
fied for the contestee, Troy B. Sturgill, were procured by E
fraud, bribery or the corrupt use of money. ‘ I
For his answer to paragraph three of the cdnfigey j
Vetestant's petition, oontestce, Troy 3. Sturgill, admits that Floyd
County does not have a city of the first, second or third class,
and that Section 1&5.050, Kentucfy fievisod Statutes provides 7
that no candidate shall spend or cause to he spent in a county
not having a city of first, second or third class, tno sum in
excess of $1000.00, to occurs the nomination of said cifice.
Zenies that the contestee, racy a. Sturgill, did not in his pro-
election statements ans hafl not or will not in his post~electicn
statement filed with the fiounty Court Clerk of Floyd County, Kentuck y
and with.the Board of Election Commissioners of Floyd County, Kenn
tacky, setting forth in detail all sums of money contributed,
disbursed, expended and promised by him and to the heat of his
knowledge and belief by any and all other persons in his behalf
in whole or in part, cndeavoring to secure his nomination to said
office. Ionics that said statement did not set forth all sums of
nwncy contributed, expended, disbursed or promised by him in sup—
port or in connection with the nomination of any and all other
persons who were candidates in said Primary Election. Denies that
said statement failed to show the dates when, the persons to whom,
and the purposes for which all said sum3_were paid, expended or
promised. '

Eenies that Troy B. Sturgill, or his frfiends, rela~ '
tires or supporters, spent, contributed or disbursed with the
knowledge, approval or consent cf said Troy B. Sturgill, or at all, ‘
in once a of $5,000.00, or any sum or amount, for or on his behalf,

-2..

 o E

in an endeavor to secure said nomination for him immediately E
before or on the day of said Primary Election, or at all, or
thst some is not shown in oetail, or at all, or otherwise in said
statement, or that the person to whom, or the purposes for which I
same was Spent, contributed or oishursed. Denies that some does
not show the date said eXgendituros were made. Eanies that by
roaeon of the alleged acts of the contestee, Troy 3. Sturgill,
or at all, he fiiolated the exproos, or any grovioion of Sections > '
135.010 to 123.990, known as the ”Corrupt Practice Rot."
Denies that ho thereby or at all, disqualified himself as a can-
diflute for the office of Sheriff of Floyd County, Lentuoky.
Denies that the sold Troy 3. Sturgill violated the terms, conditions
or spirit of said act at all, or that he borrowed money, or ao-
ooptod donations from friends, relatives or suppoorters, amounting
to more than $5000.00 or any other amount. Eenios that he received
said alleged money or that said Troy B. Sturgill, his relatives
or Supporters, used said alleged money with his knowledge, consent

' or approval, or at all, in solo Primary election to promote his
candidacy, or at all. Eonies that aaio contestee personally or
in cooperation with his relatives, friends and eugportors, or at
all, or with #his knowledge or consent, or at all, disbursed
or distributed said alleged money to his supportersto be fined by
them, or that said alleges moneyvvas used by them, his freinds,
relatives or supporters or at all, or with his knowledge or con—
sent or at all oisbursed or oietributed said alleged money to his
supporters to be used by them, or that said alleged money was used ‘
by them his friends, relatives or supporters or at all, or with
his knowledge and ooooent or approval or at all for the Purpose of
bribing or corrupting the voters of Floyd County, or for any pur-

-3-

 O
$086, or to cause them to Vote for said contestoo, Troy ,
B. Sturgill. Denies that said allogod.monoy was used for said
alleged puryoso or that said votes allogod to have been bribed
oio vote for the contestoe, Troy b. Sturmill, or that the
ballots cast by ooio allogoo bribed votors for Troy E. Sturgill V
were placed in the ballot box or counted by the Board of
Election Commiooionoro of Floyd County for oontostoo or were
inclusod in the total Hunter of votes counted and certified for
him. Sonics that the alleged use or ooio money as set out in the ‘
potition was with the knowloflgo, conzont or approval of Troy
5. Sturgill, or that any money wag mood by said Troy B. oturgill,
or his frienos, relatives or Supporters“

flhis contostoa aomits that the oontostoe, Bill
Hall, and his friends, rolativos and supgorters, with his comm
soot, knowledge and approval, contributea and diobursod large sums
of money, tho exact amount of which this contooooe dooo not know,
for and on bohalf of tho saio contesteo, Bill Hall, in on ondoavor ,
to secuoo said nomination for Said cootostoo, immediately before V
onfl on tho day of said Frimary Election, and that some is not
shown in detail or othorwiee in the roquirod pro-primary expense
statement or tho postuprimary election oxoonao soatemont of the
said i$111 Roll, and the person to whom, or the purpooeo for which
same was spent, contributed or disbursed; and that said statements
to not soow the dates said oxgendituros were made; ano that by
reason thereof the said contestee, Bill Hall, violated the exproos
provision of Sections 123.010 to 125.990, known as one "Corrupt
Practice Act, made and provided for in such cases, and the con-
teatee, Bill Hall, theroby diqqualified himself as a candidate
\‘ for said office 01 Sheriff of Floyd County, Kentucky.’ This
contestee admits that said i1313.3. Hall, in addition to the unlawful
..4...

 O
and wrongful violation of the Corrupt Practice Act, violated
the terms, conditions oofl Spirit of said Act in that he borrowed
moooy find accepted doootioos from friends, relatives and sup-
porters, amounting to several thousand oollaro, the exact amount
of which thio conteatoo does not know, and that ho rocoivod said
money and that gold oontootco, Bill 3311, his relatives and
‘ suggortora used oaid money with his knowledge, content onfl approval

in amid Primary Election to promote his condifiaoy and that the
said contest t, Bill Hall, in poroon and in cooperation with said 9
rolatives, friends ané oopyortors, aha with his knowledge and
ooooont, oiobuvsod anfi distributed amid monoy to his supporters
to to wood by thomood which too mood by them, his foionflo, rola~

V tivos aoo suppottors, with his knowleogo, consont aofi apgroval,
for tho purpose of bribing and corrupting the voters of Floyd
County, who vote& in aalo Primary Election, to veto for him and
the solo money was used for said purpozos ano the said voters who
wag»: 53o britmzd Lid voto for tho cooteotoo, Bill Hall, and! the
halloto go caot by solo bribed votera tor iJ‘L’ill Hall, rovo placed
in tho ballot boxes ard oountod by the Board of Election Comp
mi oionoro of Floyd County for contoatoo, Bill Hall, and more in-
cluded in the total number of votes counted and certified for bin
by tho use of solo money a3 agoreooio, by the frlonds, relatives
and sopgortors of $111 Hall, was with his knowledgo, consent and
approval.

This contootoo admits that tho contosteo, Willard
Hay, his friends, relatives and supportors spent, contributed and
disbursed with his knowledge, approval and consent, in excess of
$1,000.00 for and on him behalf in an endeavor to secure said nom~
inatlon for him immediately before and on the day of said Primary
Election and that some is not shown in detail, or otherwise, in
-5-

 C
said statements“ or the poroon to whom, or the purpoooa for J
which same was agent, contributed or dighuroed; admits that ;
somes floos not show tho flutes oaifi oxponditures were made, J
and ohmits that by roooon of tho oforoooid acts the Contestoo,
hillarfi May, violated tho oxyroac provisions of floctiono J
133.010 to 12$.990, known a3 the Sorrupt Practice hot, made and 3
providofi for in such cases, on& that he thereby disqualified J
himself as o oandidato for gold oriioe of Sheriff of Floyd X
County, hpntucky, and admits that the soifi Willarfl Way, in ad~ J
dition to tho unlawful anfi wrongful violation of the Corrupt J
Practice hot, violatod the tormo, Gonditions and spirit of said
Ant in that he borrowofi money ani accopawd flonationz from .
friends, rolativoo undJougyortorag amountini to more than ,
$$GO0.00, and that he received said money onfi that the said J
oomtootoo, willard May, his rolotivos and supportoro moofl said
' money with his knowlofigo, oonoont flnfi apyroval at said Yrimary
Election to promote his oanfidaoy onfl tho said contootoe in
person and in coogoration with $311 rolativoo, friends and _
supportnrs, mnfi whthh his knowlefiyo, consent onfl aggrovol, dis»
buréofl and distributed said money to his supporters to be used
by them, his friends, relativos afld supporters, with his know-
loflge, oonsant anfi aphroval, for the purpose of bribing and cor-
rupting tho voters of Floyd County, who voted in said Primary
Election and to cause them to vote for him and that said money
,was used for said purposes and said voters who were so bribed
difl vote for the oontosteo, Willaré may, and that the ballots so
cast by said bribed voters for Willara May, were placed in the
ballot boxes and counted by tho Boaré of Election Commisoionero
of 1“103,761 County for conteotoo, Willard May, and were included in
-5-

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The sifiant and coutestec, Troy E. Sturgill,
says the statements contained in the foregoing ensuer, counter—
claim and.counter~3rounds or contest are true as he believes.
' Subscribed and sworn to before me by Troy 5. z
{3 tur :31 ll , Chi :3 tee is: N: o I" :5 eptember, 194:5 .
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~8-

 '\ \ '* ' ' ' '
FLOYD CIRCUIT COURT
hLSON KENDRICE, CONTESTAHT,
V5: ' SEPARATE HQTIOD OF TEE COKTESTEE,
TROY B. SfURGILL TO QUASH SShmafis
AND HLTURN Oh Th3 ihhfiIFF Th3fi£ON
TROY B. STfifiGlLL, ET AL., COETESTEES.
'5: 1:.3 at» 4:: :::. -::~ -3."
The oomtestee, Troy B. Sturgill, without
entering his appearance herein, but especially declining to
do so, and appearing specially and for the sold and only
purpose of questioning the jurisdiction of the court herein,
moves the Court to quash the summons, which issued herein on L
Sunday, August 22, 1945, and the return of the 3herirf thereon
because said summons is invalid, null and void and of no force
or effect.
‘.‘rfllafihl' 0:134 , Eric
' -rtsvrrsrtr—wrw—-rrstrsrr~*—-—-
AflLJR?.:.Ye mm: (301‘? 11¢» lab,
TROY B. STDRGILL.

 h .
‘1
\
~J

mom CIRCUIT COURT
Vs
ELSON KENDRICK, CONTESTAET, L

V3: SEPAEATE GEHFKAL EEMURhEfi

OH CORTESWHQ EfiOY B.€iflHwILL
91
TROY 13. STU-:.:}iLL, 1121: AL., coxmsmgszs.
The contestee, Troy B. Sturgill, without waiving 2}
his motion to quash tho summons and the return of the Sheriff Q
thereof for his special demurrer to the of coatestant, but 65- g
‘ gedially relying and inaisting upon said motion and said demurrer, i
E ,1
demure generally to the petition of the contestant for the reason ~
that said petition does not state facts sufficient to constitute .
or support a cause of action against tnia contestae. f
11.n1r12,3:.c
ATTORNEYE FOR )OKTESTEE, *
TROY B. STURGILL

 I til—I.. M -« ‘ '1' .H A I ,
. ‘ ' 3“ 3/‘ ._3 3, 33333333133
FLGYD CKRCUI’E‘ COURT
MJOWS '
25:30:: 'mzcx, corms mam,
VS: : AGREED GREEK
may B. SWRGILL, ET £2... comaswtzes. ‘
3 mwweewwwwee ,
3:1: appearing; that. the petition filed or claimed to wivetgeen
filed in the office of the alert: of the Floyd Circuit Court, he!
been lost; misplaced, stolen or has otherwise dieappearefl; that acid: V
alleged original petition and new are endorsed or claimant to have been
endorsed as follows: ‘ 3
" fie. 10'755 .
Filed 22 flaw of August .1943
Sums and 3 copies issued.
W.W.CQGLEY, Clerk. '
By Rebecce E1113 8.8.“
at the time said endorsement wee made, it is new agreed that the
1 attached pages of typewritten matter is a.- true and correct copy of
said orginel petition and mid copy 13' new substituted for said alleg-
ed orginel petition, and the Clerk of this Court, by agreement of the
partiee, is ordered and directed to endorse said aubetitute as the
orgiml was as endorsed ae above set out, subject to any order thm may
hereafter be mote or- entered by the court; as to whether said petition
was filed“ all or within the time required by law. It 1.3 further
-1..

 ..‘ ‘:’“... ‘1 ,‘,-..‘-
l
agreed that this order be entered when this case is certified to a
Special Judge. _
KEEorney for Confiesfanfi
Attorney for Consteatee, '
Troy B. Sturgill
Attorney for Contestee,
Willard May
Attorney for fiontestee,

 ‘ Q Q .1 . _ ‘.. ~
’ 11.13% (212133111: {3312:3117
3.30. $716721“;
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1:: .51.i.?‘T-?5*3‘.D.s’11*’If) “ «1T,» :3: 13E1i1??’.f.Ti‘f13.f-iig £731 :,. '
19:12:”:‘1’ :- 1': 3‘: .‘.!r :1 3 ‘ ' 1' .1: ’
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3.1-.1.: 1:11;).(113339 1.1.1.1.; Laugxsluégg 9,5199 $3.1}; s.) :11“va 3.90:) 4.6.1.:
ut'iwmay 2:273:13 31:1 11311331111122, 3113:3121: 2:1:3flzflck, 1:11:61 3313.1. 313'; 111131 €33.91
3514181 :11.“ 31111114.: 353.191.: 3:313 61111331331 pémiticm 313733333 11.21 335117:
0113133 :::.? 311:1 {31121-1332 03? 12233 11‘133‘121 331111113 233333321 31:11: 331:1. 1133
25213 1113.15.13; (111‘ 11:11:11 petitinn the same 1133 hears. 1333.1 133:3!

1311," “111.3- 333.3213: the: 3:33:33 {1:13 3:135:33; 3311:1323; 11:1:‘13’111113 3112;113:3113 1111-1311;
that the 3313332131133 33:13; 331‘ 2311111: 313313101: 11111-1311 1.11": .13 :3
true 3311 311 west cow of said. 311.115.1131 171331123103 13311. £313.33:

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31111 £31.31: 313113 is seat cut in; 3133.33.13 31:11 £21129.er 113 3. 11413133316. 33:93
of 5133:. 11133117133: fiatition 11133233531 ::’E‘ilec‘i.

This the 3133 day :1? 13313113311933.

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113532311653 ::mr' cantesstmm;
’:.-1:19:23: ’33 baffmm me 33113 331333. flay cf .Aufiuatfififiéih
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. xiatm‘y Public Floyd. w. 11.3mm” ‘

 n l
‘ 188203289 CIRCUIT COURT
$80k? EQNBR ICK, V CONTESTANT
VS: : : : : ORDER 37‘ 10755 ‘
THE? B. SPURGEL 233’? 773.17., CONTESTEEES.
The contestae, Bill Hall, without entering his appearance
V harain but especially declining to as so, and far the sons and
' only purpoaa of qucfitioning the jurisdictian of the court, pro-
fincfiad, which is‘ordarefl rilad, his motinn, sapported by the af~
2 fiaavit of Joe E. Taekett, to quash the summons herein and the
raturn thereon cf tha Sheriff and this cause is submitted on same.
7 ”C I'Afiso, without waiving his motion to quash the summons and re-
. tfirn thereon, but aspecialiy relying and insisting upon the sans,
_ he produced Which is ordarfid filed his speciai demurrer to the
petition and this cause is submitted upon the same.
A380 without waiving either his motion to quash the summons
and return thereon or his speciafi demurrer to the petition but
‘ eapeaiallyxreiy1ng and insisitng upon each thereof, produced which
, is ordaréd filed his ganaral demurrer to the patition herein and
, this cause is submittad upon the same.
. Also without waiving either his motion to quash the summons
and the return thereon, his special damnrrer to the petition and
I 7 his general demurrer to the petition, but especially relying and
1gsist1ng upon each thereof. ha prnducad which is orderefi filed
his answer to the petitian herein.

 FLOYD C IRCU IT G OURT
ELSON KENDRICK, CONTESTANT
VS: 2 z : : SEPARATE Miso’ER OF CONTESI‘EE,
BILL HISLL. 31 10755
TROY B. STURGII..L. ET 11.14., CONTESTEES.

. The oontestee, Bill Hall, without waiving his motion to
quash the summons which issued heroin on August 22, 1943, but '
oopeoially relying and insisting upon the some, and without
waiving his special demurrer to contestant's petition but eo-
peoially relying and insisting upon the some and said motion to
quash, and without waiving his general demurrer to contestant's
petition, but.espee1ally relying and insisting open Said motion
to quash, said special demurrer and said general éemurrer, for
his answer to paragraph 1 of oontestont's petition admits as true,
the allegations contained in the first literary paragraph there-
of. Aside from 381d allegations of paragraph 1 of contestant's
petition. > ‘7 _

For answer to paragraph ll of said pleading the contestae,
Bill Hall, admits that he, fiillard May and Troy B. sturgill were
candifiatos for the Democratic nomination for the office of shero
it: of Floyd County, Kentucky and that their names appeared on
the official ballots in said Primary Election held on the 7th day
of August, 1943; That according to the tabulation and returns
made m certified by the Board at election Commissioners of .
Floyd County, Kentucky, contestee, Troy B. Sturgill, received
2050 votes, contesteo, Bill Hall, received 1696 votes, oontostee.
Willard May, received 1511 votes and oontestee, Elson Kendrick,

 received 255 votes.

fie admits that the apparent plurality of votes tabulated and
certified for tho contestoa. Troy 3. Sturgii],as above set out and
for oontosteo, Willard May, as above set out were procured by
fraud, bribery and the corrupt use of money.

Aside from the allegations admitted, the contesteo, Bil]
Ball, 31190131anin denies each and an
of the affirmative aliegations of paragraph 11 or saia pleading.

For answer to paragraph 111 the contootee, Bill Hall, admits
that Ffloyfi County, Kontuoky does not have a oity of the first,
secona or third class; That Kentucky Statutes Revised, section
123.050 provides that no candidate aha)! spona or cause to be
opent, in a county not having a city of the first, second or third
class the sum in oxoess of $1000.00 to secure the nomination of an
offioo.. Admito that oonteatee, Troy B. storgiil. did not in his

. pronolaotion statemant and have not and w111 not in his post-4 ,
election statement, filed and to be filed, set forth in detail all
sumo of monoy contributed, disburaod, expanded or promised by him
or to the host of his knowledge by any and all persons in his bo-
halfg wholly or in part. endeavoring to secure his nomination to
V said office. Admits that nor did_the statement filed by oontooteo, ,
or to be filed by him set forth 313 sums of money contributed. dia-
bursed, expanded or promisod by him in support or and in connection
with the nomination of any and all other persons who were candidates:
in said Primary Election and said statements did not show the dates
whoa the persons to when or tho purposes for which all sumo were
. - paid, expended and_ooahtg
. contestao, Bill Hall, furiher aimits the truth of each and
mm. aii’egauon in said petition charging the. oonteatee. Troy 13.
sturgiii, with the iliegal, corrupt and fraudulent use of money
in said Primary ileotion 13 his bohair ondeavoring to occurs said
nomination, aim likewiae he admits an an legations Against the
contootoe. fiiliard may, charging him with the use or money illoo
.3-

 . .
N. ‘.
gal 1y, oorruptly and frauau‘l antly endeavoring to secure said nom-
ination at said Primary Election. ‘

Aside from the allegations admitted as trua which are set out
in paragraph 11 or contestant's petition, and those hereinafter
admitted as true. the cantastee. 3111 Hall, denies each and every
allegation affirmativaiy charged against him therein. _

ifie contestaa, Bill Hall, further admits that the tatal number
of votes countad anfl oartified by the Board at Electigg Commission.

_ ers of Floyd County for the eontes