Taylor v. Democratic Committee
Court of Appeals of Kentucky
Case 84. — ACTION BY E. H. TAYLOR, JR., FOR AN INJUNCTION AGAINST THE DEMOCRATIC COMMITTEE OF ■FRANKLIN COUNTY TO COMPEL THEM TO HEAR HIS CONTEST. Appeal from Franklin Circuit Court. Robert L. Stout, Circuit Judge. Judgment for defendant. Plaintiff appeals.
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Case 84. — ACTION BY E. H. TAYLOR, JR., FOR AN INJUNCTION AGAINST THE DEMOCRATIC COMMITTEE OF ■FRANKLIN COUNTY TO COMPEL THEM TO HEAR HIS CONTEST. Appeal from Franklin Circuit Court. Robert L. Stout, Circuit Judge. Judgment for defendant. Plaintiff appeals. POINTS AND AUTHORITIES. 1. The common-law writ of certiorari exists in this- State as at common law to review the action of any judicial or quasi-judicial body whose action is not according to the common law, where there is no other right of review given by statute. (Ency. PI. & Practice, vol. 4 (title “Certiorari”), pp. 86-7, especially…
1Opinion of the Court
Opinion by
Chief Justice Hobson
Reversing.
E. H. Taylor, Jr., and L. F. Johnson were candidates for the Democratic nomination for the office of Representative in the G-eneral Assembly at a primary election held on November 15, 1904. On the face of the returns, Johnson received a majority of four votes. A certificate of nomination was. issued to him by the committee on November 19th, and on, November 30th Taylor gave notice of contest. The committee refused to' consider the contest on the ground that it had adopted a resolution limiting the time for beginning a contest to 10 days, and that,…
2Cases cited3 opinions
- Knott v. JarboeCourt of Appeals of Kentucky · 1859
- Phillips v. TuckerCourt of Appeals of Kentucky · 1860
- J L. Lillard's Ex'r. v. Joseph Lillard's Ex'rs.Court of Appeals of Kentucky · 1845
3Cited by2 opinions
- Hobbs v. UpingtonCourt of Appeals of Kentucky · 1905
- Whitaker v. SwannerCourt of Appeals of Kentucky · 1905