Varney v. Justice
Court of Appeals of Kentucky
Case 77 — CONTESTED ELECTION APPEAL FROM PIKE CIRCUIT COURT. 1. The provision of the Constitution, article 8, section 16, that all elections by the people shall be held between the hours of six o’clock in the morning and seven o’clock in the evening, is directory only.
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Case 77 — CONTESTED ELECTION APPEAL FROM PIKE CIRCUIT COURT. 1. The provision of the Constitution, article 8, section 16, that all elections by the people shall be held between the hours of six o’clock in the morning and seven o’clock in the evening, is directory only. (Cooley’s Constitutional Limitations, pp. 78, 80, 604, 617.) 2. The object of an election is to secure a fair and full expression of the will of the people, and that accomplished, mere irregularities will not make void an election. (7 Bush, 531, Clark v. McKinsey; 10 Bush, 744, Commonwealth v. Jones; 9 Kentucky Law Reporter,…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion op the court.
At the August election, 1886, the appellant and appellee were opposing candidates for the office of jailer of Pike county, Kentucky.
It is agreed that the officers of the election for pre*598cinct No. 6, in said county, were legally appointed and duly qualified to hold and conduct the election in said precinct; that they met at six o’ clock in the morning of the day designated by the Constitution of the State, for the purpose of holding said election, and immediately entered upon the discharge of their duties; that they held the election, without…
2Cases cited1 opinion
- Anderson v. WinfreeCourt of Appeals of Kentucky · 1887
3Cited by63 opinions
- State ex rel. Attorney General v. CunningamWisconsin Supreme Court · 1892
- Board of Penitentiary Commissioners v. SpencerCourt of Appeals of Kentucky · 1914
- State ex inf. Major v. Kansas CitySupreme Court of Missouri · 1911
- Attorney General v. City of MethuenMassachusetts Supreme Judicial Court · 1921
- Consumers Coal Co. v. City of LincolnNebraska Supreme Court · 1922
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