Kirkpatrick v. Brownfield
Court of Appeals of Kentucky
Case 85 — ELECTION CONTEST .APPEAL! FROM LARUE CIRCUIT COURT. 1. Under the provision of the constitution, sec. 100, that “no person shall be eligible to the office of clerk unless he shall have procured from a judge of the court of appeals or a judge of the circuit court a certificate that he has been examined by the clerk of his court under his supervision and that he is qualified for the office for which he is a candidate,” it is not necessary that the certificate should…
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Case 85 — ELECTION CONTEST .APPEAL! FROM LARUE CIRCUIT COURT. 1. Under the provision of the constitution, sec. 100, that “no person shall be eligible to the office of clerk unless he shall have procured from a judge of the court of appeals or a judge of the circuit court a certificate that he has been examined by the clerk of his court under his supervision and that he is qualified for the office for which he is a candidate,” it is not necessary that the certificate should be procured prior to the time of election, but it is sufficient and a full compliance- with the constitutional…
1Opinion of the Court
JUDGE HAZELRIGG
delivered the opinion oe the court.
The appellant and appellee were rival candidates for the office of county court clerk, of Larue county, at the November election, 1894. Appellant received a majority of the votes cast, and was awarded a certificate of election by the canvassing board. Appellee contested his election upon *561the ground that he had not, at the time of Ms election, procured from the proper officer a certificate of his qualification as required by law.
It was agreed that the appellant, on the 8th day of September, 1894, had obtained from the clerk of the Larue Circuit…
2Cases cited6 opinions
- State ex rel. Schuet v. MurrayWisconsin Supreme Court · 1871
- State ex rel. Nourse v. ClarkeNevada Supreme Court · 1867
- Smith v. MooreIndiana Supreme Court · 1883
- Privett v. BickfordSupreme Court of Kansas · 1881
- Demaree v. ScatesSupreme Court of Kansas · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Hoy v. State, ex rel. BuchananIndiana Supreme Court · 1907
- Slater v. VarneyWest Virginia Supreme Court · 1951
- State Ex Rel. West, Atty. Gen. v. BreckinridgeSupreme Court of Oklahoma · 1912
- State ex rel. Reynolds v. HowellWashington Supreme Court · 1912
- State Ex Rel. Dostert v. RigglemanWest Virginia Supreme Court · 1972
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