Stevens v. Wyatt
Court of Appeals of Kentucky
APPEAL FROM MONTGOMERY CIRCUIT. The facts of the case are stated in the opinion of the court. Rep. 1. The first question arising is, was Garrett eligible at the time he was voted for. The agreed facts show that he was not.
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APPEAL FROM MONTGOMERY CIRCUIT. The facts of the case are stated in the opinion of the court. Rep. 1. The first question arising is, was Garrett eligible at the time he was voted for. The agreed facts show that he was not. (Sec. 1-2, Art. 6, Constitution.) 2. That as Stevens was the only candidate voted for who was eligible, he was elected to the office for the ensuing term. 3. That although Stevens may not have the right to claim the office by the vote last given, yet he has a right to hold the office in virtue of his first election, until another is duly chosen and qualified. — ■ (Rev.…
1Opinion of the Court
Judge Stites
delivered the opinion of the Court.
Stevens, the clerk of the county court of Montgomery, was a candidate for re-election to that office at the August election, 1854. He was defeated by Garrett, an opposing candidate, by a majority of 48 *547votes, and the latter received a certificate of election.
1. Where the board, whose duty it is, decides that one chosen clerk of a county court, by a majority of votes, is inelligible, and cannot take, the office, and that it is vacant, it is the duty of the county judge to appoint a clerk to serve until the succeeding Augustelection. The former…
2Cited by5 opinions
- McKinney v. BarkerCourt of Appeals of Kentucky · 1918
- Adams' Heirs v. McCoyCourt of Appeals of Kentucky (pre-1976) · 1926
- Miller v. Rockcastle CountyCourt of Appeals of Kentucky (pre-1976) · 1933
- Offutt v. CommonwealthCourt of Appeals of Kentucky · 1874
- Potter v. CampbellCourt of Appeals of Kentucky · 1914