Harris v. Bruce
Court of Appeals of Kentucky
Case 86. — ACTION BY GEORGE- P. HARRIS TO ENJOIN A. J. BRUCE, CLERK OP CARROLL COUNTY, PROM PLACING THE NAME OP M. L. DOWNS UPON THE BALLOT AS THE DEMOCRATIC NOMINEE POR COUNTY JUDGE OP CARROLL COUNTY. Appeal from Carroll Circuit Court. John M. Lassing, Circuit Judge. From the judgment dismissing the petition plaintiff appeals. SYNOPSIS AND AUTHORITIES. 1. The law is mandatory and the court has jurisdiction. (Eagan v. Gerwe, 23 Ky. Law Rep., 1496; Brown v. Repub.
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Case 86. — ACTION BY GEORGE- P. HARRIS TO ENJOIN A. J. BRUCE, CLERK OP CARROLL COUNTY, PROM PLACING THE NAME OP M. L. DOWNS UPON THE BALLOT AS THE DEMOCRATIC NOMINEE POR COUNTY JUDGE OP CARROLL COUNTY. Appeal from Carroll Circuit Court. John M. Lassing, Circuit Judge. From the judgment dismissing the petition plaintiff appeals. SYNOPSIS AND AUTHORITIES. 1. The law is mandatory and the court has jurisdiction. (Eagan v. Gerwe, 23 Ky. Law Rep., 1496; Brown v. Repub. Co. Com., 23 Ky. Law Rep., 2421; Young v. Beckham, 24 Ky. Law Rep., 2136; Neal v. Young, 25 Ky. Law Rep., 186.) * 2. The case of…
1Opinion of the Court
*684Opinion by
Judge Paynteb,
Affirming.
At a primary election regularly called by the governing authority of the Democratic party in Carroll county the appellant, George P. Harris, and appellee, M. L. Downs, were candidates for county judge. The county committee (the governing authority of the party) canvassed the returns, and certified that Downs was duly nominated, and gave him a' certificate to that effect. On the day that the committee met and canvassed the returns the appellant appeared before it and filed a petition and affidavit in which it was averred that several persons had been allowed…
2Cases cited1 opinion
- Henry v. SecrestCourt of Appeals of Kentucky · 1903
3Cited by2 opinions
- O'Neil v. O'connell, Secretary of StateCourt of Appeals of Kentucky (pre-1976) · 1945
- Johnston v. Board of ElectionsSupreme Court of North Carolina · 1916