Harrison v. Stroud
Court of Appeals of Kentucky
CASE 21. — ELECTION CONTEST BY WILLIAM STROUD AGAINST HARRY HARRISON. — May 29. Appeal from Grant Circuit Court. J. W. Cammack, Circuit Judge. Prom the judgment contestee appeals. — POINTS DISCUSSED AND AUTHORITIES RELIED ON. 1. To entitle -one to an office lie must show his title thereto. (Howes v. Perry, 92 Ky., 260.) 2. Motion to dissolve restraining order granted hy clerk of court is tried as an application de novo far an injunction.
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CASE 21. — ELECTION CONTEST BY WILLIAM STROUD AGAINST HARRY HARRISON. — May 29. Appeal from Grant Circuit Court. J. W. Cammack, Circuit Judge. Prom the judgment contestee appeals. — POINTS DISCUSSED AND AUTHORITIES RELIED ON. 1. To entitle -one to an office lie must show his title thereto. (Howes v. Perry, 92 Ky., 260.) 2. Motion to dissolve restraining order granted hy clerk of court is tried as an application de novo far an injunction. (Code, 290; Caldwell’s Pleading and Practice, 707b.) 3. Restraining order should he dissolved when no title to the office is shown. (Howes v. Perry, 92 Ky.,…
1Opinion of the Court
Opinion op the Court by
Chief Justice O’Rear—
Reversing.
Appellant and appellee were rival candidates for the office of marshal of Williamstown (a sixth class city), voted for at the November election of 1907, to fill a vacancy in that office. The officers of the election, as well as the county canvassing board, certified that appellant had received 95 votes and appellee 94 votes at that election. Appellant was consequently awarded the certificate of election, and executed the bond and took the oath required by law. Within 10 days after the election appellee instituted this contest in the Grant…
2Cases cited6 opinions
- Kerr v. TregoSupreme Court of Pennsylvania · 1864
- Sproule v. FredericksMississippi Supreme Court · 1892
- People ex rel. Benoit v. MillerMichigan Supreme Court · 1867
- Attorney General ex rel. Harwood v. StillsonMichigan Supreme Court · 1896
- State ex. rel. Biggs v. ChurchillSupreme Court of Minnesota · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Wallbrecht v. IngramCourt of Appeals of Kentucky · 1915
- Anderson v. MillsCourt of Appeals for the Sixth Circuit · 1981
- Board of Education of Boyle County v. McChesneyCourt of Appeals of Kentucky (pre-1976) · 1930
- Muncy v. DuffCourt of Appeals of Kentucky · 1922
- State Ex Rel. Whitley v. RinehartSupreme Court of Florida · 1939
39 more not listed; retrieve them via the Exa API.