Struss v. Johnson
Court of Appeals of Kentucky
Case 47 — CONTESTED ELECTION APPEAL PE.OM JBEPEBSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. In. an election .contest the duty of the Board of Contest and of the. courts is to ascertain and effectuate the will of the people, and one who is legally elected to an office, by receiving a majority of legal votes, ought not to be deprived of the office by any omission of the election officers or negligence on their part in not preserving the votes in the manner prescribed by the…
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Case 47 — CONTESTED ELECTION APPEAL PE.OM JBEPEBSON CIRCUIT COURT, COMMON PLEAS DIVISION. 1. In. an election .contest the duty of the Board of Contest and of the. courts is to ascertain and effectuate the will of the people, and one who is legally elected to an office, by receiving a majority of legal votes, ought not to be deprived of the office by any omission of the election officers or negligence on their part in not preserving the votes in the manner prescribed by the statute. (State v. Spence, 13 Ala., 813; People v. Holden, 28 Cal., 129; Darragh.y. Bird, 3 Oregon, 243; 70 Maine, 569;…
1Opinion of the Court
JUDGE PAYNTER
delivered the opinion of tiie court:
The appellant, H. C. Struss, and the appellee, William P. Johnson, were candidates for the office of clerk of the Jefferson County Court at the November election, 1894. Johnson’s majority was 210, as appeared from the returns of the election officers of the various precincts.
*322Struss instituted this contest, and claims there were enough legal ballots cast for him, which were not counted by the election officers, to elect him. There were several hundred ballots placed loosely or unsealed, and without indorsement on the ballots or otherwise, in the…
2Cases cited2 opinions
- Houston v. SteeleCourt of Appeals of Kentucky · 1896
- Broaddus v. MasonCourt of Appeals of Kentucky · 1894
3Cited by6 opinions
- Edwards v. LoganCourt of Appeals of Kentucky · 1902
- Newhouse v. AlexanderSupreme Court of Oklahoma · 1909
- Snowden v. FlaneryCourt of Appeals of Kentucky · 1914
- Potter v. CampbellCourt of Appeals of Kentucky · 1913
- Neeley v. RiceCourt of Appeals of Kentucky · 1906
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