De Haven v. Bowmer
Court of Appeals of Kentucky
CASE 86. — ACTION BY W. H. BOWMER AND OTHERS AGAINST O. DE HAVEN AND OTHERS TO TEST THE VALIDITY OF A LOCAL OPTION ELECTION. Appeal from Breckenridge Circuit Court. Weed S. Chele, Circuit Judge. Judgment for plaintiffs, defendants appeal RECAPITULATION.
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CASE 86. — ACTION BY W. H. BOWMER AND OTHERS AGAINST O. DE HAVEN AND OTHERS TO TEST THE VALIDITY OF A LOCAL OPTION ELECTION. Appeal from Breckenridge Circuit Court. Weed S. Chele, Circuit Judge. Judgment for plaintiffs, defendants appeal RECAPITULATION. We contend: 1. That the old contest board has been abolished by legislative enactment and has no existence. 2. That the old board has been declarad to be unconstitutional by this court. 3. The circuit court erred in not sustaining the appellants’ special demurrer to the jurisdiction of said board; erred in not sustaining appellants’ motion to…
1Opinion of the Court
Opinion of the Court by
Judge Carroll
Affirming.
This appeal involves the validity of a local option election held in precinct No. 1 of magisterial district No. 2 in Breckenridge county, which precinct embraces a part of the city of Cloverport. On the face of the returns a majority of the votes were cast in. favor of the sale of spirituous, vinous, and malt *804liquor. The election was contested by the temperance people before a board composed of the county judge and the two justices of the peace residing nearest the courthouse. Upon hearing the contest, a majority of the board, the county judge…
2Cases cited3 opinions
- Erwin v. BentonCourt of Appeals of Kentucky · 1905
- Early v. RainsCourt of Appeals of Kentucky · 1905
- Shindler v. FloydCourt of Appeals of Kentucky · 1904
3Cited by5 opinions
- Wallbrecht v. IngramCourt of Appeals of Kentucky · 1915
- Eggen v. OffuttCourt of Appeals of Kentucky · 1908
- Taylor v. BettsCourt of Appeals of Kentucky · 1910
- Derickson v. ConleeCourt of Appeals of Kentucky · 1909
- Hatfield v. FrancisCourt of Appeals of Kentucky · 1915