Elliott v. Burke
Court of Appeals of Kentucky
-Case 63 — Action by Elliott, &c. against Burke, &c. for an Injunction, Consolidated with Action of Burke, &c. against Elliott, &c. for an Injunction. APPEAL FROM KENTON CIRCUIT COURT. Judgment foe Burkio, &c. and Elliott, &c.
Read the full summary
-Case 63 — Action by Elliott, &c. against Burke, &c. for an Injunction, Consolidated with Action of Burke, &c. against Elliott, &c. for an Injunction. APPEAL FROM KENTON CIRCUIT COURT. Judgment foe Burkio, &c. and Elliott, &c. Appeal, The appellants constitute the (Le faato board of education of the city of Ludlow, a city of the fourth class, aud did constitute said board all' through the year, 1891, and as trustees, maintained a public school in said city, employing teachers, and was at the time of the bringing of this action. The ’appellees were candidates for trustees of said board, two…
1Dissent
Judge Hobson’s
dissenting opinion:
The rule is that constitutional provisions relating to the. manner of holding an election are mandatory; but as to statutes this rule is not followed, unless a fair consideration of the statute shows that the Legislature intended compliance with its provisions to be essential to the validity of the proceedings. Where this does not appear, the statute is treated as directory merely. The rule has been thus well stated: “Questions affecting the purity of elections are in this country of vital importance. Upon them hangs the experiment of self-government. The…
2Cases cited2 opinions
- Gilleland v. SchuylerSupreme Court of Kansas · 1872
- Moss v. RileyCourt of Appeals of Kentucky · 1897