Legal Opinion

Wilson v. Tye

Court of Appeals of Kentucky

Decided June 4, 1907PublishedCited by 18 opinions

CASE 6. — ACTION BY C. S. WILSON AGAINST RACHEL TYE, CONTESTING HER RIGHT TO HOLD THE OFFICE OF SUPERINTENDENT OP SCHOOLS, TO WHICH SHE WAS ELECTED OVER HIM. Appeal from Whitley Circuit Court. Virgil P. Smith, Special Judg’e.

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CASE 6. — ACTION BY C. S. WILSON AGAINST RACHEL TYE, CONTESTING HER RIGHT TO HOLD THE OFFICE OF SUPERINTENDENT OP SCHOOLS, TO WHICH SHE WAS ELECTED OVER HIM. Appeal from Whitley Circuit Court. Virgil P. Smith, Special Judg’e. Judgment of dismissal and plaintiff appeals — • Appellant contends that appellee is ineligible to hold the of- ' fice of county superintendent of schools for two reasons: 1. She is a woman. 2. She was less than 24 years old on the first Monday in January, 1906, when the term of the office to which she claims to have been elected began. 3. Appellant is entitled to hold…

1Opinion of the Court

Opinion op the Court by

Judge Settle

Affirming.

The parties to this action were opposing candidates for the office of superintendent of common schools for Whitley county, at the November election, 1905. Appellee was elected to the office over appellant by a majority of several hundred votes, and was duly awarded the certificate of election. Thereafter appellant, claiming to have been elected himself ■ to the office, contested appellee’s right thereto by suit in the Whitley circuit court. The contest was decided by that court in appellee’s favor and on the appeal prosecuted by appellant from that…

2Cases cited2 opinions

  1. Tillman v. OtterCourt of Appeals of Kentucky · 1893
  2. Wilson v. TyeCourt of Appeals of Kentucky · 1906

3Cited by18 opinions

  1. Francis v. SturgillCourt of Appeals of Kentucky · 1915
  2. Hermann v. LampeCourt of Appeals of Kentucky · 1917
  3. Reuter v. Meacham Contracting Co.Court of Appeals of Kentucky · 1911
  4. Johnson v. SandersCourt of Appeals of Kentucky · 1909
  5. Dorain v. WaltersCourt of Appeals of Kentucky · 1909

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