Hopkins v. Swift
Court of Appeals of Kentucky
Case 3 — PETITION EQUITY APPEAL PROM CALLOWAY CIRCUIT COURT. 1. Where the voter makes a mistake in voting, the record can not he changed by the officers of election. (Oowan v. Prowse, 14 Ky. L. R„ 273.) 2. After a certificate of election is issued, the only remedy is a proceeding alleging fraud. (Riggs v. Stephens, 13 Ky.
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Case 3 — PETITION EQUITY APPEAL PROM CALLOWAY CIRCUIT COURT. 1. Where the voter makes a mistake in voting, the record can not he changed by the officers of election. (Oowan v. Prowse, 14 Ky. L. R„ 273.) 2. After a certificate of election is issued, the only remedy is a proceeding alleging fraud. (Riggs v. Stephens, 13 Ky. L. R., 631.) 3. There being no vacancy, the appointment by the county superintendent of a trustee was void; and the acts of the appointed trustee are not binding on third parties. (Am. & Eng. Ency., vol. 19, p. 430; section D ; Rice, &c. v. Commonwealth, 3 Bush, 14;…
1Opinion of the Court
JUDGE LANDES
delivered the opinión oe the court:
On the first Saturday in June, 1895, an election was field in White Common School District No. 34, of the •county of Calloway, for the purpose of choosing a trustee for the common school of the district for the term fixed by law.
It appears that due notice of tfie election fiad been given; tfiat it was beld at the district school house, and that it was field and conducted in all respects as prescribed by the statute. (Kentucky Statutes, section •4434.)
Tfie appellant, Elias Hopkins, and William Lee, residents of tfie district and duly qualified,…
2Cases cited2 opinions
- Anderson v. WinfreeCourt of Appeals of Kentucky · 1887
- Cowan v. ProwseCourt of Appeals of Kentucky · 1892
3Cited by4 opinions
- Weaver v. ToneyCourt of Appeals of Kentucky · 1899
- Hopper v. Barren Fork Coal Co.Court of Appeals of Kentucky (pre-1976) · 1936
- Combs v. BrewerCourt of Appeals of Kentucky · 1916
- McDonald v. ParkerCourt of Appeals of Kentucky · 1908