Parrish v. Powers
Court of Appeals of Kentucky
CASE 20. — PETITION BY S. PARRISH AGAINST W. F. POWERS TO CONTEST AN ELECTION FOR COUNTY SURVEYOR. Appeal from Mjadison Circuit Court. J. M. Benton, Circuit Judge. From a judgment sustaining a demurrer to Ms petition the plaintiff appeals POINTS AND AUTHORITIES.
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CASE 20. — PETITION BY S. PARRISH AGAINST W. F. POWERS TO CONTEST AN ELECTION FOR COUNTY SURVEYOR. Appeal from Mjadison Circuit Court. J. M. Benton, Circuit Judge. From a judgment sustaining a demurrer to Ms petition the plaintiff appeals POINTS AND AUTHORITIES. In democratic social organization, political agency (official) rights can be granted, or secured only by compliance with regularly recognized and potent legal prescriptions, t/he basis thereof, and vitality of the public official authority therein inherent. AUTHORITIES. Ky. Stats., section 41; Acts Ky. Legislature, 1904, p. 263; 26…
1Opinion of the Court
Opinion of the Court by
Chief Justice O’Rear
Reversing.
At the regular election in November, 1905. S. Parrish received 2,608 votes for surveyor of Madison county, and W. F. Powers received 2,671 votes. On November 18th the election commissioners issued to Powers the certificate of election, and on November 25th S. Parrish brought this suit to contest the election. The circuit court sustained a demurrer to his petition, and he appeals.
He alleged that he is over 21 years of age; that he is a practical surveyor and civil engineer, and that he had for more than 25 years followed the avocation of…
2Cases cited3 opinions
- Tunks v. VincentCourt of Appeals of Kentucky · 1899
- Hollon v. CenterCourt of Appeals of Kentucky · 1897
- Edwards v. LoyCourt of Appeals of Kentucky · 1902
3Cited by7 opinions
- Hardin v. HornCourt of Appeals of Kentucky · 1919
- Whitney v. SkinnerCourt of Appeals of Kentucky · 1922
- King v. McMahanCourt of Appeals of Kentucky · 1918
- Brandenberg v. HurstCourt of Appeals of Kentucky (pre-1976) · 1942
- Bingham v. JohnsonCourt of Appeals of Kentucky · 1922
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