Commonwealth v. King
Court of Appeals of Kentucky
Case 61 — INDICTMENTS APPEALS FROM MONTGOMERY CIRCUIT COURT. I. A city election held by a sheriff or coroner is void. It should he by the officers of the municipality. 2. A majority of the legal voters in a civil district having voted against the sale of .liquor within that district, a municipality therein can not by vote authorize the sale of liquor.
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Case 61 — INDICTMENTS APPEALS FROM MONTGOMERY CIRCUIT COURT. I. A city election held by a sheriff or coroner is void. It should he by the officers of the municipality. 2. A majority of the legal voters in a civil district having voted against the sale of .liquor within that district, a municipality therein can not by vote authorize the sale of liquor. (Commonwealth v. Weller, 14 Bush, 223; Commonwealth v. Hoke & Yocum, 14 Bush, 672; 14 Bush, 164; Gayle v. Owen County Court, 6 Law Keporter; Commonwealth v. Bozie, MS. Op., Sept. 25,1886.) 1. A municipality may by vote legalize the sale of…
1Opinion of the CourtChief Justice Pryor
These appellants were indicted for selling spirituous liquors in violation of the local option law. A district known as district No. 5 had been created by legislative enactment, embracing the city of Mount Sterling and much of the territory, including many voters, outside the city boundary. A vote was taken in this district in 1882 for and against the sale of liquors, resulting in a majority favoring local option. After this, in the year 1884, a part of this district, viz., the city of Mount Sterling, without any other or further legislative power or change in the district, again voted on the…
2Cited by12 opinions
- Lafferty v. HuffmanCourt of Appeals of Kentucky · 1896
- Cincinnati, N. O. & T. P. Ry. Co. v. Hansford & SonCourt of Appeals of Kentucky · 1907
- Patterson v. MiracleCourt of Appeals of Kentucky (pre-1976) · 1934
- Lena Rue Coal Company v. BrewerCourt of Appeals of Kentucky (pre-1976) · 1926
- Denniston, County Judge v. RiddleSupreme Court of Arkansas · 1947
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