Houston v. Steele
Court of Appeals of Kentucky
Case 94 — PETITION FOR MANDAMUS — APPEAL FROM BOYD CIRCUIT COURT. 1. The duties o'f the canvassing board are judicial in their nature and therefore mandamus does not lie to control the action of the b£>ard.
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Case 94 — PETITION FOR MANDAMUS — APPEAL FROM BOYD CIRCUIT COURT. 1. The duties o'f the canvassing board are judicial in their nature and therefore mandamus does not lie to control the action of the b£>ard. (Secs. 37, 38, of article 3 of Election Law; Commonwealth v. Boone County Court, 82 Ky., 632; Lowe v. Phelps, 14 Bush, 642.) 2. If mandamus was the proper remedy the court should have said how the votes should be counted and have given the certificate of election to the candidate having the highest number of votes. 3. No ballot should be rejected unless it is “impossible to determine the…
1Opinion of the Court
JUDGE HAZELRIGG
DELIVERED the opinion op the court.
At the November election,- 1892, the appellants composed the canvassing board of elections for Boyd county, and on *599the day provided by law the returns of the various precincts at that election were presented to them for their official action. They found before them the stub-books of the various precincts, containing the proper official certificates, of. the number of votes cast, and for whom, together with four sealed envelopes from precincts 2, 3, 8 and 9, purporting to contain “doubtful or questionable ballots,” properly endorsed by the…
2Cases cited4 opinions
- State ex rel. Waggoner v. RussellNebraska Supreme Court · 1892
- Rutledge v. CrawfordCalifornia Supreme Court · 1891
- Clark v. McKenzieCourt of Appeals of Kentucky · 1870
- Broaddus v. MasonCourt of Appeals of Kentucky · 1894
3Cited by28 opinions
- Richardson v. YoungTennessee Supreme Court · 1909
- Edwards v. LoganCourt of Appeals of Kentucky · 1902
- Louisville & Nashville Railroad v. RitchelCourt of Appeals of Kentucky · 1912
- State ex rel. Orr v. FawcettWashington Supreme Court · 1897
- Howser v. PepperNorth Dakota Supreme Court · 1899
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