Anderson v. Winfree
Court of Appeals of Kentucky
Case 74 — CONTESTED ELECTION APPEAL PROM CHRISTIAN CIRCUIT COURT. 1. Where a vote appears to have been recorded and counted for both candidates, it should be altogether rejected, or, what is the same thing, counted for both parties, unless, from evidence on the book, or circumstances surrounding the election, it may bo ascertained that the vote was intended for a particular candidate.
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Case 74 — CONTESTED ELECTION APPEAL PROM CHRISTIAN CIRCUIT COURT. 1. Where a vote appears to have been recorded and counted for both candidates, it should be altogether rejected, or, what is the same thing, counted for both parties, unless, from evidence on the book, or circumstances surrounding the election, it may bo ascertained that the vote was intended for a particular candidate. And where a vote is recorded for neither candidate, but the voter’s name appears on the book as voting for other -officers, the same rule should prevail, and in neither case should “the voter afterwards bo…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion on the court.
The appellant, A. H. Anderson, and the appellee,. W. P. Winfree, were opposing candidates for the office-of county judge of Christian county, at the August election, 1886. The election comparing board of the-county found that the appellant, Anderson, received three thousand and ninety-five votes at said election for the office of county judge, and that the appellee, Win-free, received three thousand and sixty-five votes for *601the same office, making a majority of thirty votes for the appellant, Anderson, which entitled him, according to the face…
2Cited by17 opinions
- Varney v. JusticeCourt of Appeals of Kentucky · 1888
- Erwin v. BentonCourt of Appeals of Kentucky · 1905
- Cowan v. ProwseCourt of Appeals of Kentucky · 1892
- Campbell v. LittleCourt of Appeals of Kentucky (pre-1976) · 1933
- Hastings v. WilsonSupreme Court of Georgia · 1935
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