Banks v. Sergent
Court of Appeals of Kentucky
Case 112 — CONTESTED ELECTION APPEAL PROM LETCHER CIRCUIT COURT. 1. The vote of the Whitesburg precinct should be rejected because enough votes were cast after 4 o’clock to affect the result. Varney v. Justice, 86 Ky., 596; Ky. Stats., sec. 1469. 2.Appellant should be credited by ten votes in precinct' No. 2, of which the testimony shows he was unjustly deprived. Houston v. Steele, 98 Ky., 596. 1. The law fixing the hours between which election shall be held is mandatory.
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Case 112 — CONTESTED ELECTION APPEAL PROM LETCHER CIRCUIT COURT. 1. The vote of the Whitesburg precinct should be rejected because enough votes were cast after 4 o’clock to affect the result. Varney v. Justice, 86 Ky., 596; Ky. Stats., sec. 1469. 2.Appellant should be credited by ten votes in precinct' No. 2, of which the testimony shows he was unjustly deprived. Houston v. Steele, 98 Ky., 596. 1. The law fixing the hours between which election shall be held is mandatory. McCrary on Elections, secs. 161-2-3; Varney v. Justice, 86 Ky., 596. 2. Where the deviation from the statutory hours is…
1Opinion of the Court
JUDGE WHITE
delivered the opinion oe the court.
The appellant and appellee were opposing candidates for the office of sheriff of Letcher county at the regular election in November, 1897. On the face of the returns the appellee received five hundred and five votes and appellant four hundred and sixty-nine votes. The comparing board gave the certificate of election to the appellee. Thereupon *846and within ten days, the appellant gave notice of contest. The appellee gave a counter notice of contest, and upon this notice and counter notice proof was taken, and the contest heard and determined by the…
2Cited by34 opinions
- Scholl v. BellCourt of Appeals of Kentucky · 1907
- Brown v. GrzeskowiakIndiana Supreme Court · 1951
- Edwards v. LoganCourt of Appeals of Kentucky · 1902
- Newhouse v. AlexanderSupreme Court of Oklahoma · 1909
- Jefferson County Ex Rel. Grauman v. Jefferson County Fiscal CourtCourt of Appeals of Kentucky (pre-1976) · 1938
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