Steele v. Meade
Court of Appeals of Kentucky
Case 95 — PETITION ORDINARY — APPEAL PROM BOYD CIRCUIT COURT. 1. The petition was defective in failing to allege that plaintiff was elected or received a majority of the votes. 2. The court erred in refusing a jury trial. This action is equivalent to the old one of quo warranto which was triable by a jury.
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Case 95 — PETITION ORDINARY — APPEAL PROM BOYD CIRCUIT COURT. 1. The petition was defective in failing to allege that plaintiff was elected or received a majority of the votes. 2. The court erred in refusing a jury trial. This action is equivalent to the old one of quo warranto which was triable by a jury. (Civil Code, sec. 480, 312, 483.) 3. It was error to strike out of the answer the defense based upon the mandamus suit and the judgment in it. 4. The return or certificate of the canvassing board is only prima facie and not conclusive evidence of right. (Carpenter v. Ely, 4 Wis., 451;…
1Opinion of the Court
JUDGE HAZELRIGG
delivered tiie opinion of the court.
The appellee was duly elected to the office of clerk of the circuit court of Boyd county a,t the November election, 1892. He obtained his certificate to that effect from the county *615canvassing board, and afterwards took tlie oatbs and executed the bond required of such clerks in the manner prescribed by law. His opponent at that election was the appellant, who was then the incumbent of the office, but whose term expired in January, 1893.
It appears that appellant, claiming to have received che highest number of votes, had sought by mandamus, to…
2Cases cited1 opinion
- Stine v. BerryCourt of Appeals of Kentucky · 1894
3Cited by5 opinions
- Howell v. PateSupreme Court of Georgia · 1904
- Riddell v. GrinsteadCourt of Appeals of Kentucky · 1913
- Cheatham v. WilliamsCourt of Appeals of Kentucky (pre-1976) · 1925
- Wilson v. LinvilleCourt of Appeals of Kentucky · 1894
- Pratt v. BreckinridgeCourt of Appeals of Kentucky · 1901