Legal Opinion

Wilson v. Tye

Court of Appeals of Kentucky

Decided January 15, 1906PublishedCited by 13 opinions

CASE 58. — ELECTION CONTEST PROCEEDING BY C. S. WILSON AGAINST RACHEL TYE. — March 29. Appeal from Whitley Circuit Court. M. S. Jarvis, Circuit Judge. Prom the judgment contestant appeals.

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CASE 58. — ELECTION CONTEST PROCEEDING BY C. S. WILSON AGAINST RACHEL TYE. — March 29. Appeal from Whitley Circuit Court. M. S. Jarvis, Circuit Judge. Prom the judgment contestant appeals. We are satisfied that this case • must be reversed for the reason that the appellee had not attained the age -of twenty-four years on the first Monday in January, 1906, when by law she was required to qualify for the office in contest, if for no other .reason: but we have prepared it to also test the question of the right of a woman to hold an elective office- in this State, and we trust that the court will…

1Opinion of the Court

*510OpiNioN by

Judge Nunn

— Affirming.

The appellant and appellee were opposing candidates for the office- of county; superintendent of common schools for Whitley county, at the November election, 1905.. The board of election commissioners for that county canvassed the returns, and found that the ¿ppellee had received a majority of votes east, and the board issued to her a certificate of election. On November 25, 1905, appellant filed a petition, under section 1596a of the Kentucky Statute 1903 and made appellee a defendant, and sought to have the court declare that she was not elected to the…

2Cited by13 opinions

  1. Francis v. SturgillCourt of Appeals of Kentucky · 1915
  2. Whitney v. SkinnerCourt of Appeals of Kentucky · 1922
  3. Wilson v. TyeCourt of Appeals of Kentucky · 1907
  4. Dorain v. WaltersCourt of Appeals of Kentucky · 1909
  5. Fletcher v. WilsonCourt of Appeals of Kentucky · 1973

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