Legal Opinion · Dissent

Pratt v. Breckinridge

Court of Appeals of Kentucky

Decided November 20, 1901Published

Case 1 — Action by Robert J. Breckinridge against Clifton J. Pratt to Recover an Office APPEAL FROM FRANKLIN CIRCUIT COURT. Judgment for Plaintiff and ' Defendant Appeals. 1. In so far as the statute undertakes to make the board of election commissioners, a board of contest, it is unconstitutional, and a title derived from its action is worthless. 2. The board has no jurisdiction to render a decision.

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Case 1 — Action by Robert J. Breckinridge against Clifton J. Pratt to Recover an Office APPEAL FROM FRANKLIN CIRCUIT COURT. Judgment for Plaintiff and ' Defendant Appeals. 1. In so far as the statute undertakes to make the board of election commissioners, a board of contest, it is unconstitutional, and a title derived from its action is worthless. 2. The board has no jurisdiction to render a decision. The Legislature had no constitutional authority to create the board; or if it had such power and the board acted outside the authority conferred, the judgment is absolutely void, confers no…

1Dissent

Judge Hobson,

dissenting:

In Commissioners v. George, 104 Ky., 260, 20 R., 938, 47 S. W., 779, it was determined by this court that under our Constitution the Legislature, may be empowered by ‘ law to elect subordinate *29officers for tlie State government not named in the Constitution-. That decision is in accord with the great weight of authority, and the settled practice in the State, long recognizéd by this court. In Taylor v. Com., 3 J. J. Marsh., 401, the only question decided was that an order appointing a clerk was not a judicial order from which an appeal could be taken. Nothing more than…

2Cases cited50 opinions

  1. Ex Parte TowlesTexas Supreme Court · 1877
  2. Attorney-General ex rel. Bashford v. BarstowWisconsin Supreme Court · 1856
  3. Dickey v. ReedIllinois Supreme Court · 1875
  4. Williamson v. LaneTexas Supreme Court · 1879
  5. Darrow v. PeopleSupreme Court of Colorado · 1885

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