Goodloe v. Fox
Court of Appeals of Kentucky
Case 104 — PETITION ORDINARY — APPEAL PROM BOYLE CIRCUIT COURT. 1.The election held on the 4th day of April, 1893, was void, because it was four days prior to the day fixed by law for such election. (Acts 1889-90, p. 326, secs. 3 and 4.) The time fixed, either by law or proclamation, is of the substance, and must be observed to make a valid election.
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Case 104 — PETITION ORDINARY — APPEAL PROM BOYLE CIRCUIT COURT. 1.The election held on the 4th day of April, 1893, was void, because it was four days prior to the day fixed by law for such election. (Acts 1889-90, p. 326, secs. 3 and 4.) The time fixed, either by law or proclamation, is of the substance, and must be observed to make a valid election. (McCrary on Elections, secs. 118, 141, 193; Toney v. Harris, 85 Ky., 479.) % The election by ballot was violative of section 147 of the present Constitution. This provision of the Constitution is mandatory. (Varney v. • Justice, 86 Ky., 597.) 3.…
1Opinion of the Court
JUDGE PAYUTER
delivered the opinion op the court.
On the 4th of April, 1893, the appellee, Charles C. Fox, was elected by the board of council of the town of Danville, Kentucky, city attorney for the ensuing-year, and was to qualify as such attorney on the third Saturday in that month. The appellant, W. 0. Goodloe, had, on the 9th of April, 1892, been elected city attorney for the town of Danville for the period. of one year.
By the provisions of the charter of the town, one year is the length of the term of the office of city attorney, but the incumbent holds it until his successor is elected…
2Cited by6 opinions
- Reilly v. OzzardSupreme Court of New Jersey · 1960
- Commonwealth v. Polk, Court ClerkCourt of Appeals of Kentucky (pre-1976) · 1934
- Vogt v. BeauchampCourt of Appeals of Kentucky · 1913
- Talbott, Auditor v. ParkCourt of Appeals of Kentucky (pre-1976) · 1934
- Shannon, Aud. of Pub. Accts. v. Ray, Com'rCourt of Appeals of Kentucky (pre-1976) · 1939
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