Booe v. Kenner
Court of Appeals of Kentucky
Case 66 — MANDAMUS 1. The court erred in considering and trying plaintiff’s motion for a peremptory writ of mandamus because plaintiff had no motion, in court an'd the court had no jurisdiction over the same. Civil Code, secs. 445, 446, 447, 335, 362; Bent v. Maupin, 86 Ky., 271. 2. The court had no power to enter the plaintiffs’ motion nunc pro tunc. Stevens v. Wilson, 14 B. M., 88; Freeman on Judgments, secs. 61, 62, 63, and 68; Carlisle v. Killenbrew, 24 Am.
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Case 66 — MANDAMUS 1. The court erred in considering and trying plaintiff’s motion for a peremptory writ of mandamus because plaintiff had no motion, in court an'd the court had no jurisdiction over the same. Civil Code, secs. 445, 446, 447, 335, 362; Bent v. Maupin, 86 Ky., 271. 2. The court had no power to enter the plaintiffs’ motion nunc pro tunc. Stevens v. Wilson, 14 B. M., 88; Freeman on Judgments, secs. 61, 62, 63, and 68; Carlisle v. Killenbrew, 24 Am. St. Rep., 915; Adams v. Re Qua, 1 Am. St. Rep., 191; Scroggin’s Admr., v. Scroggin, 1 J. J. M., 365; Finnell v. Jones’ Extx., 7 Bush,…
1Opinion of the Court
JUDGE HOBSON
delivered the opinion oe the court.
At the November election, 1897, appellee, E. H. Kenner* waS a candidate for clerk of the Fleming County Court. By the returns of the election, as the vote was counted by the precinct officers, appellee received 1,900 votes, and his opponent, George P. Dudley, 1,897 votes; but there were twenty disputed ballots returned with the poll books, which were opened by the County Canvassing Board, who counted seven of these ballots for Dudley, and two for appellee, making the result stand, for appellee 1,902 votes, and for Dudley 1,904 votes, and they…
2Cases cited7 opinions
- Anderson v. LikensCourt of Appeals of Kentucky · 1898
- Houston v. SteeleCourt of Appeals of Kentucky · 1896
- Cassidy v. YoungCourt of Appeals of Kentucky · 1891
- Clark v. McKenzieCourt of Appeals of Kentucky · 1870
- Davis v. JenkinsCourt of Appeals of Kentucky · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Taylor v. BeckhamCourt of Appeals of Kentucky · 1900
- Potter v. CampbellCourt of Appeals of Kentucky · 1913
- Riddell v. GrinsteadCourt of Appeals of Kentucky · 1913
- Leary v. JonesSupreme Court of Colorado · 1911
- Cheatham v. WilliamsCourt of Appeals of Kentucky (pre-1976) · 1925
2 more not listed; retrieve them via the Exa API.