Early v. Rains
Court of Appeals of Kentucky
Case 55 — PROCEEDING BY J. F. RAINS AND OTHERS AGAINST R. A. EARLY AND OTHERS, CONTESTING A. LOCAL OPTION ELECTION. Appeal from Whitley Circuit Court. M. L. Jarvis, Circuit Judge. Judgment for contestants, and R. A. Early and others appeal.
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Case 55 — PROCEEDING BY J. F. RAINS AND OTHERS AGAINST R. A. EARLY AND OTHERS, CONTESTING A. LOCAL OPTION ELECTION. Appeal from Whitley Circuit Court. M. L. Jarvis, Circuit Judge. Judgment for contestants, and R. A. Early and others appeal. Our contention is: 1. That the board of contest was never duly organized, and had no right to hear and determine this contest. 2. A county contest board has not the power or authority 'delegated to it to do that which is sought in this contest, and same should be dismissed. 3. Sec. 1495 of the Ky. Stats., applies only where an election or vote is ordered…
1Opinion of the Court
Opinion by
Judge O’rear
Affirming.
Corbin is a town of the fifth class in this State. It is situated partly in Whitley county and partly in Knox, but the greater part is in Whitley. More than 25 per cent, of the legal voters of the town petitioned the county court of Whitley county to order a special election to take the sense of the voters of the town whether spirituous, vinous, or malt liquors should be sold or bartered therein. The election was ordered and held. The - result certified was that the majority had voted in favor of the proposed prohibition. Appellees contested the election. The…
2Cases cited4 opinions
- Smith v. PattonCourt of Appeals of Kentucky · 1898
- Nall v. TinsleyCourt of Appeals of Kentucky · 1899
- Commonwealth v. McClellandCourt of Appeals of Kentucky · 1886
- City of Owensboro v. HickmanCourt of Appeals of Kentucky · 1890
3Cited by14 opinions
- Wallbrecht v. IngramCourt of Appeals of Kentucky · 1915
- Board of Trustees v. ScottCourt of Appeals of Kentucky · 1907
- Commonwealth v. TrousdaleCourt of Appeals of Kentucky (pre-1976) · 1944
- Horning v. Fiscal CourtCourt of Appeals of Kentucky · 1920
- Ray v. SpiersCourt of Appeals of Kentucky (pre-1976) · 1940
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