Smith v. Ruth

Opinion op the Court by

Stanley, Commissioner

Affirming.

The question is whether there must he an election for mayor of the City of Louisville in November, 1948, to fill an unexpired term. The circuit court entered a declaratory judgment in the affirmative in this suit by a taxpayer against the County Court Clerk to enjoin preparation for the August primary and November general election.

Honorable E. Leland Taylor, who was elected mayor for the term ending December 1, 1949, died on February 16, 1948. Pursuant to Ky. Rev. Stats. 83.130(1), Charles. P. Farnsley was elected mayor pro tern by the…