Pratt v. Breckinridge
Court of Appeals of Kentucky
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…
1Opinion of the Court
Opinion of the court by
JUDGE GUFFY
Reversing,
Appellee brought suit in the Franklin circuit court against appellant, alleging that they were the candidates for their respective parties and voted for at the general election of November 7, 180!),' for the office of attorney-general; that the State board of,' election commissioners, canvassed the returns of the election, and determined upon, the face of the returns that appellant was elected, and thereupon awarded him a certificate of election, whereupon he qualified and entered upon the discharge of his duties; that appellee gave appellant notice…
2Cases cited27 opinions
- Kilbourn v. ThompsonSupreme Court of the United States · 1881
- Mayor of Baltimore v. State ex rel. Board of PoliceCourt of Appeals of Maryland · 1860
- City of Evansville v. State ex rel. BlendIndiana Supreme Court · 1889
- Borrekins v. Bevan & PorterSupreme Court of Pennsylvania · 1831
- State ex rel. Jameson v. DennyIndiana Supreme Court · 1889
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3Cited by41 opinions
- Legislative Research Commission Ex Rel. Prather v. BrownKentucky Supreme Court · 1984
- Richardson v. YoungTennessee Supreme Court · 1909
- People ex rel. Attorney General v. CassidaySupreme Court of Colorado · 1911
- Sibert v. GarrettCourt of Appeals of Kentucky · 1922
- Oliver Co. v. Louisville Realty Co.Court of Appeals of Kentucky · 1913
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